General Terms & Conditions
Definition of terms
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"Landlord": hereinafter refers to a natural or legal person who makes "the Richterhaus" available to tenants for an overnight stay in return for a fee.
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"Tenant": is the natural or legal person who rents "the Richterhaus" for an overnight stay. "The Tenant" or "the Tenants" are all persons included in the booking made.
Scope of application
The general terms and conditions apply to the rental of the holiday home for accommodation as well as all other services provided by the landlord for the tenants.
Subject of the contract
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The nature and equipment of the holiday home for rent can be found on the website (www.dasrichterhaus.de).
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The holiday home and the associated property are rented out for private use only. Commercial use is excluded unless agreed upon with the landlord. Subletting is not permitted.
Prices & Services
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The prices and services can be found on the website.
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The basic overnight price per night is for 1-4 people. For each
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Children up to six years of age are free of charge. Proof of age must be provided by an identity document at the time of online check-in. An additional bed for children can be provided on request, but it is not suitable for infants. Parents are responsible for supervising children.
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The rental prices per night include VAT and additional costs. Costs for final cleaning and the optional use of the sauna are stated separately. These are also inclusive of VAT.
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The cleaning of the holiday home during the stay is the responsibility of the tenants.
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The landlord reserves the right to bill the ancillary costs separately if they are disproportionately high due to the tenants' use.
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Wine Offer
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If the tenant consumes the wines offered by the landlord in the wine refrigerator, they will be offset against the refundable deposit after departure. Proof of the amount of consumption is provided by the landlord on the basis of the wines remaining in the wine fridge after the tenant's departure. An invoice for consumption is sent electronically by the landlord to the tenants.
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The prices of the respective wine bottles can be found on the wine list available in the house and are understood as a price per bottle including VAT.
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Parents are liable for the alcohol consumption of their children or minor fellow travellers.
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The wine offer is only valid while stocks last. Depending on availability, there may be deviations from the wine list.
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Booking
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Die Buchung des Ferienhauses erfolgt über die Webseite und ist verbindlich, sobald die Buchungsbestätigung vom Vermieter elektronisch übermittelt wurde.
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Die Vermietung an Minderjährige erfolgt nicht.
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Der Vermieter behält sich das Recht vor, Buchungsanfragen ohne Angabe von Gründen abzulehnen. Ein Vertrag kommt erst mit der schriftlichen Bestätigung der Buchung durch den Vermieter zustande.
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Der Vermieter ist berechtigt, eine bereits bestätigte Buchung bis zu 8 Wochen vor dem vereinbarten Mietbeginn ohne Angabe von Gründen zu stornieren. In diesem Fall werden dem Mieter bereits geleistete Zahlungen unverzüglich und vollständig zurückerstattet.
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Falls die Buchung weniger als 8 Wochen vor Mietbeginn getätigt wird, ist der Vermieter berechtigt eine bereits bestätigte Buchung bis zu 3 Tagen nach der Buchungsbestätigung ohne Angabe von Gründen zu stornieren.
Payment terms
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A deposit of EUR 500 must be paid before the start of the rental period, which will be retained by the landlord in the event of damage to the house, property or inventory in the amount of the damage. The deposit can also be used as described in point 4.5. The deposit will be returned to the tenant within 14 days of the end of the stay.
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At the time of booking, a of the total amount of the booking is due, which will be blocked on the tenant's credit card. If the booking amount is paid by bank transfer, the pre-payment must be transferred to the landlord no later than 7 days after the booking confirmation.
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The remaining booking amount (minus the partial payment) and the deposit must be credited to the landlord's account up to 4 weeks before the start of the booking. If you pay by credit card, the amount will be collected automatically.
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In the event of default of payment by the tenant, the landlord reserves the right to unilaterally terminate the rental agreement. Missed payments will be reminded once by the landlord. If the rental agreement is terminated due to late payment, the cancellation conditions in point 8 apply.
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For bookings at short notice made less than 4 weeks before the start of the booking, the total amount must be paid directly at the time of booking.
Travel cancellation & rebooking
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Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), there is no right of revocation for contracts for the rental of holiday accommodation, as these are concluded for a certain period of time. However, cancellation is possible in accordance with our cancellation policy.
- Cancellation Policy:
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Up to 8 weeks before the start of the booking, the full overnight price will be refunded.
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Up to 4 weeks before the start of the booking, 50% of the overnight price will be charged.
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Less than 4 weeks before the start of the booking, 100% of the overnight price will be charged.
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These cancellation conditions are independent of whether the holiday home is rented out again in full or only partially.
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In the event of no-show of the full number of persons booked, the cancellation policy applies to the overnight stay of the 5th or 6th person. The basic overnight price for up to four people will therefore not change.
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The refund of cancelled bookings will be made to the tenant's account within 7 days.
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The rebooking of the stay or the change of the number of people is only possible by a direct request to the landlord.
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Rebooking to another booking period is only possible free of charge up to 8 weeks before the start of the booking. After that, the cancellation conditions from 8.2 apply.
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The extension of the booking or the increase in the number of people is possible at any time in consultation with the landlord. The tenant is not entitled to an extension of the stay and the landlord is not obliged to agree to an extension, unless unforeseen extraordinary circumstances occur.
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Any changes to the booking are only valid once the landlord has sent an updated booking confirmation electronically to the tenant.
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We recommend that our guests take out cancellation insurance to protect themselves against possible cancellation costs in the event of unforeseen events.
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The additional booking of the sauna is possible up to before the start of the rental period, but requires a written request to the landlord. The booking only comes into force with a booking confirmation by the landlord.
Withdrawal by the landlord
The landlord is entitled to withdraw from the rental agreement if:
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the tenant does not make the agreed payments (e.g. down payment or final payment) on time, despite an appropriate grace period; in this respect, the cancellation policy applies.
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the tenant uses the rented accommodation in violation of the contract or repeatedly disregards the house rules, despite a prior warning;
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the fulfilment of the rental agreement becomes impossible due to force majeure (e.g. natural disasters, official orders, unforeseeable damage to the rental property).
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In the event of withdrawal by the landlord, the tenant will be informed immediately. Payments already made will be refunded in full, provided that the withdrawal was not caused by a breach of contract by the tenants.
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The landlord reserves the right to withdraw from the rental agreement in cases of force majeure or other unforeseeable circumstances that make the performance of the rental agreement impossible. In this case, liability is limited to the refund of the rental price. In the event of justified withdrawal, the tenant is not entitled to compensation. Liability for travel and hotel costs is excluded.
Arrival & Departure
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The tenant will receive a digital access code for the keypad on the entrance door of the holiday home before arrival, but no later than the day of arrival. This access code is only valid and usable for the booking period. The access code is not to be passed on to third parties who are not tenants.
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Arrival of tenants is possible from 4:00 p.m. on the booked day of arrival. The holiday home can be accessed via the access code provided by the landlord.
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In the event of no-show or late arrival of the tenants, the landlord must be notified. In the event of no-show on the first day of the booking period, the tenant's claim to performance expires, unless otherwise agreed with the landlord.
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Departure: Tenants must leave by 11:00 a.m. on the last day of the booking period. After the specified time, the access code for the front door of the house expires. It is the responsibility of the tenants to lock all access doors and windows of the holiday home upon departure. If a punctual departure is not possible, the landlord must be contacted immediately.
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The landlord must be informed of any early departure of the tenant. In this case, the tenants are not entitled to repayments from the landlord.
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In the event of a late departure, the landlord reserves the right to charge the tenants for an additional night.
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If the tenant is unable to leave the holiday home on the day of departure because unforeseen extraordinary circumstances (e.g. extreme snowfall, flooding, etc.) block or prevent any departure options, the rental agreement will be extended until departure is possible. A reduction of the fee is only possible if the booked services cannot be used in full.
Stay
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Only tenants are allowed to stay in the holiday home and the associated property.
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Entry by third parties is only permitted if they do not spend the night in the holiday home or on the associated property. In the event of violation, the landlord reserves the right to charge the tenants an additional flat rate of EUR 150 per person (third party) per night.
Tenants' obligations
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The tenant undertakes to treat the holiday home and the inventory with care. If damage to the holiday home and/or its inventory occurs during the tenancy, the tenant is obliged to report this to the landlord immediately.
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Defects and damage already discovered on arrival must be reported to the landlord immediately, otherwise the tenant is liable for these damages. A reasonable period of time must be granted to remedy damage and defects. Claims arising from complaints that are not reported immediately on site are excluded. Complaints that are only received by the landlord at the end of the stay or after leaving the holiday home are also excluded from compensation. In the event of any disruptions in performance, the tenant is obliged to do everything reasonable within the scope of his legal obligation to contribute to remedying the disruption and to keep any damage incurred to a minimum.
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Upon departure, the tenant is obliged to leave the holiday home in an appropriate condition and cleanliness. Personal belongings must be removed. The landlord is not liable for lost or forgotten personal belongings.
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If the tenant has forgotten personal belongings in the holiday home, the landlord is not liable for their return or associated costs. The return must be agreed with the landlord personally.
Liabilities
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Liability of the landlord:
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The landlord assumes no liability for damage caused by force majeure, natural disasters or other unforeseeable events beyond its control (e.g. power outages, severe weather, official orders).
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The landlord is not liable for the loss or damage of personal belongings of the tenants or their fellow travelers.
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Liability of tenants:
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The tenants are liable for all damage caused to the holiday home, its furnishings or the property during the rental period. The tenant is liable for all fellow travelers or visitors.
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The tenant is not liable for damage caused by normal wear and tear or defects in the holiday home or its equipment.
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The tenant is liable for compliance with the house rules and ensures that their fellow travellers also comply with them.
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Disclaimer:
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The landlord assumes no liability for accidents or injuries that occur during the stay in the holiday home or on the associated property, unless these are due to gross negligence or intent on the part of the landlord.
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The use of the holiday home, the furnishings and the grounds is at your own risk.
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The landlord assumes no liability for the use of the outdoor facilities, paths and stairs, especially in the event of snow and ice.
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House rules, general rights & obligations
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The Richterhaus is a historic house. Although it is otherwise technically modern, we would like to draw your attention to the fact that some functional details such as window and door openings, stairs, stair handrails, door thresholds and step heights do not meet current standards and can represent a possible source of danger. Use is at the tenant's own risk. The tenants are aware of these circumstances. The tenant is liable for any damage or injury during the use of the holiday home. This also applies to the garden and inventory of the house. The landlord declines any liability.
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The Richterhaus is a historic house in a rural setting; therefore, the presence of insects in the house is no reason for complaint.
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Pets of any kind are not allowed. In the event of violation, the landlord reserves the right to charge the tenants an additional cleaning fee of EUR 300.
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Smoking is prohibited in the premises of the holiday home. This also applies to e-cigarettes and hookahs.
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It is not allowed to play loud music outside the premises of the holiday home. An appropriate volume must be maintained and noise nuisance to the neighbours must be avoided.
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Bachelor parties or similar parties and events are not permitted.
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Open fires and candles indoors are not permitted.
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Use of Sauna:
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The use of the sauna is only permitted if this service has been booked additionally when booking the stay. It is not possible to book this service after the start of the rental.
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In the event of damage to the sauna that is not caused by the tenant and makes it impossible to use the sauna, the sauna price will be refunded after the stay. This does not give rise to a claim for damages for the tenant. In addition, the tenant cannot claim a repair during the stay.
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In the event of damage or defects to the sauna, the landlord must be informed immediately.
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The sauna benches may not be entered with slippers and the sauna towels provided must be used as pads to avoid direct contact between the body and the sauna bench for hygienic reasons.
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When using sauna fragrances for infusions, it is requested to use only products intended for this purpose. It is not allowed to make sauna infusions with alcohol.
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For reasons of environmental compatibility, soaps, shampoos or any cosmetic products should not be used in the outdoor shower.
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Outdoor Area & Garden Use:
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The consumption of any plants and fruits available in the garden is at the tenant's own risk. With regard to the quantities of available fruits and plants, please be considerate of subsequent tenants.
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Accessibility in snow and ice is the responsibility of the tenants. Snow shovel, broom and grit are provided by the landlord for this purpose.
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During the winter months, slippery roads and ice formation can occur on paths, driveways and outdoor surfaces. Roof avalanches are also to be expected. The landlord assumes no liability for this. Tenants are obliged to exercise special caution and are responsible for their own safety on slippery, icy surfaces and in the area of possible roof avalanches.
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Children must be given special supervision, e.g. on stone walls and stairs. Children should not be left unattended.
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When using the barbecue or fire bowl, the firewood provided can be used. This can be found on the east side of the house (labelled as firewood/“Feuerholz“). The barbecue or fire bowl must not be left unattended. After use, the fire must be extinguished with water, e.g. from the rain barrel, to prevent flying sparks.
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Use of the shed:
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The use of the shed in the garden for parking bicycles is provided to tenants free of charge. The shed is locked with a combination lock; the access code will be communicated to the tenants.
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Bicycles and e-bikes can be parked in the shed. The latter can be loaded there free of charge.
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The landlord is not liable in case of damage or theft of any property of the tenants. It is recommended to attach additional bicycle locks to any bicycles in the shed.
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There are also bins for residual waste, waste paper and plastic in the shed.
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Waste separation
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Tenants are asked to properly separate any garbage that accumulates during their stay in the holiday home. It is not allowed to dispose of external garbage in the cottage.
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Residual waste, plastic waste and organic waste can be disposed of in the kitchen of the holiday home. Garbage bags will be provided in reasonable quantities. Full organic waste bags are to be disposed of in the compost in the garden. Full bags of residual waste and plastic are to be disposed of in the shed in the bins provided for this purpose.
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Waste glass and waste paper must be disposed of in the bins provided for this purpose in the broom closet in the hallway (ground floor).
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Stove use
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When heating the stove in the parlour (ground floor), the operating instructions must be followed exactly.
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The tenants are only allowed to use the firewood provided for fire. This can be found labelled as „Kaminholz“ on the east side of the house.
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The door of the stove in the hallway and the surface of the stove in the living room can heat up strongly. The use of the stove is at your own risk.
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The tenant is not entitled to any refunds if the stove is not usable, as it is not part of the landlord's service and only supplements the regular heating of the holiday home.
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Wi-Fi
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The tenant is allowed to use the Wi-Fi free of charge. The landlord does not guarantee continuous quality of the internet connection. The failure of the Wi-Fi or a reduced connection quality does not entitle the tenant to any refunds, as access to the Wi-Fi is not part of the landlord's service.
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Tenant liability and responsibility
The tenant is responsible for all activities that occur via the internet access provided. In particular, the tenant undertakes:-
not to download, distribute or make available illegal content,
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not to use or distribute copyrighted content without appropriate authorization,
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not to disseminate content that is punishable, insulting or harmful to minors,
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not to distribute or install malicious software (e.g. viruses, Trojan horses).
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Indemnification of the landlord
The tenant indemnifies the landlord against all claims by third parties based on illegal use of the Wi-Fi by the tenant or on a violation of these terms of use. This also includes the costs of the necessary legal defence. -
In the event of misuse of Internet access, the landlord reserves the right to block access.
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If the tenants use fee-based services or the like via the Wi-Fi, the costs incurred are to be borne in full by the tenants.
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Monitoring and logging
The landlord points out that he does not actively monitor the internet use of the tenants. However, the landlord reserves the right to store log data within the framework of the legal provisions in order to be able to track misuse of the Wi-Fi. -
Liability of the landlord
The landlord is not liable for damage (malware or similar) caused to the tenant by the use of the Internet access, unless this is due to intent or gross negligence on the part of the landlord. The tenant must ensure data security independently. The use of the Wi-Fi is at your own risk and at the tenants' own risk. Parents are responsible for the Internet use of their children and underage fellow travellers.
Smart-TV
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Provision of the smart TV
The landlord will provide the tenants with a smart TV during the rental period. The use of the device is a voluntary additional service and may be restricted or discontinued at any time for technical or operational reasons. There is no entitlement to the availability of certain functions or content. -
Responsibility of the tenant
The tenant is obliged to treat the smart TV as well as the associated remote controls and cables with care. Damage caused by improper use must be compensated by the tenants. -
Using streaming services and apps
The smart TV can come with pre-installed apps and streaming services. The tenant is responsible for the use of these services. If the tenant uses their own accounts for paid streaming services (e.g. Netflix, Amazon Prime, Disney+), it must be ensured that the access data is removed from the device after the rental period. The landlord assumes no liability for the misuse of accounts that the tenant has not properly logged out. -
Unlawful use
The tenant undertakes to use the Smart TV exclusively within the framework of the applicable legal provisions. In particular, it is prohibited to:-
stream, download, or distribute copyrighted content without proper authorization;
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use the smart TV for illegal or harmful content,
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technical protection measures of the device or installed software.
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Indemnification of the landlord
The landlord is not liable for damages incurred by the tenants as a result of the use of the smart TV, unless these are based on intent or gross negligence on the part of the landlord. The tenant indemnifies the landlord from all claims by third parties based on illegal use of the smart TV by the tenants. -
Liability in the event of loss or damage
The tenant is liable for the loss or damage of the smart TV and accessories (e.g. remote control, cables) if these were caused by the tenants.
Data protection
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Collection and processing of personal data:
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The landlord collects, processes and uses personal data of tenants exclusively within the framework of the legal provisions, in particular the General Data Protection Regulation (GDPR).
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The data collected includes, in particular, name, address, telephone number, e-mail address, date of birth and, if applicable, payment information required for the processing of the rental agreement.
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Purpose of data processing:
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The personal data will be used exclusively for processing the booking, communicating with the tenants and fulfilling the rental agreement.
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The data will only be passed on to third parties if this is necessary for the performance of the contract (e.g. to payment service providers) or if the landlord is legally obliged to do so.
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Rights of tenants:
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The tenant has the right to obtain information about the stored personal data at any time, to have it corrected or deleted, and to object to the processing.
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Inquiries about this can be made in writing or by e-mail to the landlord. The contact details of the landlord are given in the imprint of the website.
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Privacy Policy: Further information on the processing of personal data, in particular on the rights of the tenant and the third-party providers used (e.g. payment service providers, booking platforms), can be found in the privacy policy on the landlord's website.
Final Provisions
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Applicable law: The law of the Federal Republic of Germany applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
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Severability: Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after becoming aware of them, this shall not affect the validity of the remainder of the General Terms and Conditions. The invalid or unenforceable provision shall be replaced by the effective or enforceable provision whose effects come as close as possible to the economic objectives pursued by the parties with the invalid or unenforceable provision.
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The Landlord reserves the right to change these GTCs at any time. Tenants will be notified of any changes in good time before they come into force. For contracts already concluded, the GTC valid at the time of conclusion of the contract apply.