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General terms and conditions of business

Anker 1

Holiday apartment "Beim Mühltaler" of the Wimmer family

§ 1

Conclusion of the guest accommodation contract

With the booking, the guest makes a binding offer to the host to conclude the guest accommodation contract. The booking can be preceded by non-binding information from the host about his accommodation and its current availability. The booking can be made using any of the booking channels offered by the host. The guest's booking can be made verbally, in writing, by telephone, fax or electronically (e-mail, Internet). If the guest's booking is made electronically, the guest will immediately receive electronic confirmation of receipt of the booking. In the interests of the contracting parties, the written form should be chosen.

a) The guest accommodation contract comes into effect upon receipt of the declaration of acceptance (booking confirmation) from the host or if the accommodation is made available to the guest at short notice. The declaration of acceptance does not require a specific form. Verbal and telephone confirmations are also legally binding for both the guest and the host.

b) The booking is made by the booking guest for all persons who are listed in the booking and for whose contractual obligations the booking guest is responsible as for his own obligations. The latter only applies if he has accepted a corresponding separate obligation through an express and separate declaration.

c) As a rule, the host will send the guest a written copy of the booking confirmation for bookings made verbally or by telephone. With such bookings, however, the legal validity of the guest accommodation contract does not depend on receipt of the written copy of the booking confirmation.

d) If the host does not make a binding booking confirmation at the request of the guest, but instead makes a binding offer to the guest, the contract only becomes legally binding if the host has received the guest's declaration of acceptance without extensions, restrictions or other changes within a dated host in the form and deadline specified in the offer.


§ 2

services and prices

a) The services owed by the host result exclusively from the booking offer in connection with the information on the website.

b) The prices stated on the website are final prices. Unless otherwise agreed between host and guest, they also include all ancillary costs.

c) Something else applies to the tourist tax and the fees for services for which consumption-based billing is specified in the basis of the booking or the website or has been separately agreed (e.g. electricity, gas, water) as well as for optional or other additional services. These can be incurred and reported separately. If the host and guest have expressly agreed on consumption-based billing or additional services (e.g. bed linen, final cleaning), which the guest is free to use, then these additional costs must be invoiced separately.

§ 3

Deposit, deposit and payment


a) If the contracting parties agree on a down payment of 10% of the total price, the guest must pay this down payment upon conclusion of the contract.

The remaining amount (total price minus deposit) must be received by the host no later than 14 days before the start of the rental period.

b) The host and guest can agree on a deposit of EUR 115 as security for the furniture and equipment provided. This is to be paid (if agreed) when the key is handed over. The deposit does not bear interest. After the holiday apartment has been handed over properly, the host pays the deposit back to the guest at the end of the rental stay.

c) If the deposit or final payment is not received by the host in good time, the host reserves the right to withdraw from the contract after a reminder has been issued and a deadline has been set. In this case, the guest is obliged to reimburse the expenses incurred and the loss of profit. The guest can be charged with cancellation costs according to § 6.


§ 4

Rental period, arrival and departure

a) The host makes the rental property available to the guest on the day of arrival from 3:00 p.m. in the contractual condition. If the guest should arrive after 6 p.m., he should inform the host.

If this notification is not made, the host reserves the right to occupy the accommodation for a single night 2 hours after the agreed availability date and for more than one night on the following day after 12 p.m.

b) The guest must hand over the rented property to the host on the day of departure by 10:00 a.m. at the latest in a swept clean condition. The guest must wash the dishes and empty the wastebaskets and bins before departure.


§ 5

Inventory list and duties of the guest


a) Immediately after his arrival, the guest should check the apartment for completeness and usability using the inventory list in the rental property. The guest undertakes to notify the host (or the contact person designated by the host) of any shortages and any defects found no later than the day following arrival.

b) The guest must treat the rented premises, the furnishings and the inventory with due care and diligence. If the guest culpably damages furnishings, rented rooms or the building as well as systems belonging to the rented rooms or the building, he is liable to the host for compensation within the framework of the statutory provisions. However, this only applies if and insofar as it is a question of culpable causation on the part of the guest, his companions or visitors.

c) The guest is obliged to report any damage occurring in the rented rooms during the rental period - insofar as he does not have to repair it himself - immediately to the host or the contact person named by the host. If the guest does not report damage in good time and consequential damage is caused as a result, the guest is liable for compensation within the framework of the statutory provisions.

d) The guest undertakes not to throw or pour any rubbish, ashes, harmful liquids and the like into sinks, sinks and toilets. If the guest does not pay attention to this and as a result blockages occur in the sewage pipes, the person responsible has to bear the costs of the repair.

e) If any faults occur in the systems and facilities of the rented property, the guest must do everything that is reasonable for him/herself to help remedy the fault or to minimize any damage that may occur.

f) The guest must comply with the maximum occupancy. If the guest does not comply with this provision and exceeds the maximum number of occupancy agreed in this contract, the host can give the guest extraordinary termination without notice. In this case, the guest can be charged with cancellation costs according to § 6.

g) The guests must show consideration for each other and each other. In particular, they must refrain from disturbing noises, namely loud door slamming and activities that annoy the roommates with the resulting noise and disturb the peace at home. Guests are not permitted to play music between 10 p.m. and 8 a.m. and between 12 p.m. and 3 p.m. Sound systems, as well as radio, television and phono devices are only to be set to room volume.

h) If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest must notify the host or his representative of this defect immediately. This allows the host to correct the deficiencies. In the event that the guest fails to provide this notification, he has no claims for non-performance of the contractual services.


§ 6

withdrawal by the guest


a) The conclusion of the guest accommodation contract obliges both the host and the guest to fulfill the contract. This applies regardless of the duration of the contract.

b) The guest cannot unilaterally withdraw from a legally binding booking free of charge. If the guest nevertheless withdraws from the guest accommodation contract before the start of the rental period, he must (regardless of the time and the reason for the withdrawal) pay the agreed or customary price for the stay and the fees for additional services to the host. However, the host must have the saved expenses, which he has to strive for in good faith, and other evidence offset against the guest's claim for performance.

c) Withdrawal requires a declaration of withdrawal in text form. The time of receipt of the declaration by the host is decisive.

d) In the event of withdrawal from the guest accommodation contract, the guest must pay a lump-sum compensation for the expenses already incurred by the host and the lost profit in the following amount:

Withdrawal up to the 30th day

before the start of the rental period:                                                   free of charge

Withdrawal by the 21st day

before the start of the rental period:                                                   50%

thereafter and no-shows:                                  90%


e) The guest is entitled to prove to the host that the host suffered no or significantly less damage.

f) If the guest withdraws from the guest accommodation contract, he can name a replacement guest who is willing to take his place in the contractual relationship between guest and host. The host does not have to accept this and can object to the entry of the third party if there are justified doubts about the reliability of the replacement tenant. If a third party enters into the guest accommodation contract, he and the previous guest are liable to the host as joint debtors for the rental price. You are also liable to the host for the additional costs incurred through the entry of the third party.

g) If the guest does not name a replacement guest, the host can also provide a replacement. The host has to rent out unused accommodation to someone else in good faith. In this case, the costs incurred as a result of the withdrawal from the contract are reduced because the host must allow the savings to be offset against the cancellation fees claimed by him.

It is recommended that the guest take out travel cancellation insurance.


§ 7

right of termination


a) There is no right to ordinary termination.

b) According to § 543 BGB and under the conditions of § 569 BGB, both contracting parties are entitled to terminate the rental agreement without notice and extraordinarily for good cause.


§ 8th

Host's Right of Termination


a) For the host, there is an important reason, in particular if the guest uses the rental property in breach of contract (considerable breach of contract) or if the guest seriously disregards the house rules. This entitles the host to extraordinary termination of the rental agreement after prior warning. Termination is also justified without prior warning if the lessee behaves in breach of contract to such an extent that immediate cancellation of the contract is justified. In this case, the host retains the right to the agreed rental price.

b) Otherwise, the legal regulations on the right to extraordinary termination without notice apply.



§ 9

Guest's Right of Cancellation


a) For the guest, this is an important reason in particular if the host does not grant the guest the contractual use of the holiday apartment/holiday home.

b) Otherwise, the legal regulations on the right to extraordinary termination without notice apply.





a) The host is liable to the guest for the correctness of the description of the rented property. Furthermore, the host must properly provide the contractually agreed services and maintain the rental property in the contractual condition for the entire rental period. If the guest was aware of defects when concluding this contract, he is not entitled to the rights under §§ 536 and 536 a BGB, unless he reserved his rights when accepting the contract. The no-fault liability of the landlord for material defects present at the time of conclusion of the contract (§ 536 a BGB) is excluded.


b) The guest is obliged to notify the host or the contact point (property management) named by the host of any defects in the rented property immediately. If the guest fails to report this, he has no claims against the host for non-fulfillment of the contractual services (in particular no claims for rent reduction). In addition, he is obliged to compensate the host for the damage caused by the failure to report defects.


c) The host's liability for damage to property is excluded unless it is based on an intentional or grossly negligent breach of duty by the host or his vicarious agent or on a negligent breach of essential contractual obligations (so-called cardinal obligations) on the part of the host.


d) The host is not liable for disruptions to services that are related to services that are only mediated as third-party services (e.g. sporting events, theater and concert visits, exhibitions, etc.) and which are also expressly marked as third-party services.



§ 11

Responsibility and Release from Claims for WLAN or WiFi Use


a) The guest is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions carried out. If he visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will not use the WLAN to access or distribute immoral or illegal content; not illegally reproduce, distribute or make accessible any copyrighted goods and observe the applicable youth protection regulations. It is expressly forbidden to visit file-sharing websites, in particular to start music and/or film downloads via the W-LAN access.

b) The guest exempts the host from all damages and claims of third parties based on illegal use of the WLAN by him against the present agreement. If the guest recognizes or must recognize that such a violation of rights and/or such a violation has occurred or is imminent, he shall inform the host of this circumstance.


§ 12

livestock farming


The guest may only keep or temporarily keep animals, in particular dogs, cats and the like, in the accommodation if this has been expressly permitted by the host. However, the permit is only valid for individual cases and can be revoked if inconveniences occur. Within the framework of the legal regulations, the guest is liable for all damage caused by keeping animals.



statute of limitations


With regard to the statute of limitations for mutual claims of the guest and the host, the relevant norms of the German Civil Code apply.



Choice of Law and Venue


a) German law applies, with the proviso that if the guest has his usual place of business abroad according to Art. 6 Para. 2 of the Rome I Regulation, he also enjoys the protection of the mandatory provisions of the law that would be applicable without this clause .

b) The place of jurisdiction for disputes arising from the contractual relationship between guest and host is the place of accommodation.

c) For lawsuits by the host against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or habitual place of residence abroad after the conclusion of the contract or whose domicile or habitual place of residence at the time of the If legal action is not known, the place of accommodation is agreed as the exclusive place of jurisdiction.


 Status: April 2020

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