GTC
§ 1 Validity of the GTC
(1) These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries of the Provider provided for the Guest. The services of the Provider shall be provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or further letting of the ceded holiday flat as well as its use for other than residential purposes requires the prior written consent of the Provider.
(3) Terms and conditions of the guest are only applicable if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
(4) The AGB's are provided in several languages. In case of deviations the AGB's in German language are the only valid ones.
§ 2 Booking/Booking confirmation
Please enter your booking requests via the booking enquiry form or send a written request to info@sunnyholiday-pilar.com or call us.
If we can provide you with the desired holiday apartment in the desired period, you will receive a written confirmation of the booked holiday apartment as well as the invoice. The reservation for the holiday flat is legally binding upon receipt of the booking confirmation and after payment of the deposit (see §3).
§ 3 Terms of payment
The deposit of 25% of the total amount is to be transferred to our account immediately after the booking confirmation. The remaining payment is due 28 days before arrival at the latest. For short-term bookings immediately after receipt of invoice.
In the event of late payment, we are entitled to demand the statutory interest on arrears currently in force at 5% above the base rate. For each reminder after the occurrence of default, the customer shall reimburse us for reminder costs in the amount of 15.00 euros. All other costs incurred in the course of collection shall be borne by the customer. The customer shall bear the costs of payment, especially in the case of bank transfers from abroad. All bank transfer fees are to be borne in full by the renter, i.e. the full invoice amount is to be credited to our bank account free of charges. We only accept payments by bank transfer or PayPal.
§ 4 Arrival and departure
On the day of arrival the apartment is available from 14.00 o'clock. If the arrival should take place after 20:00 o'clock, this must be agreed upon before. To receive the keys, please contact us 3-5 days before arrival by phone or e-mail. Claims for damages cannot be asserted if the holiday apartment cannot be occupied punctually at 14:00 hrs.
On the day of departure, the apartment must be vacated by 10:00 a.m. The landlord reserves the right to charge for a delayed departure. The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. are to be cleaned and put away, the trash cans emptied and the refrigerator cleared out.
§ 5 Holiday flats
The holiday home is handed over by the landlord in a tidy and clean condition with complete inventory. If defects exist or occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused by him to the rented property, the inventory e.g. broken dishes, damage to the floor or furniture. This also includes the costs for lost keys.
The inventory is to be treated with care and attention and is only intended to be left in the holiday apartments. The adjustment of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travellers. Damages caused by force majeure are excluded. In case of use of the holiday flat contrary to the contract, such as subletting, overcrowding, disturbance of domestic peace etc., as well as non-payment of the full rental price, the contract can be cancelled without notice. The already paid rent remains with the landlord.
If a liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address, as well as the insurance number of the insurance company.
§ 6 Pets
The accommodation of pets of any kind is prohibited in the holiday apartment.
§ 7 Residence
The holiday apartment may only be used by the persons listed in the booking. Should the apartment be used by more persons than agreed upon, a separate fee is to be paid for them, which is determined in the rental price. In this case the landlord also has the right to terminate the rental contract without notice.
Subletting and transfer of the apartment to third parties is not permitted. The rental agreement may not be passed on to third parties.
The tenant agrees to the general terms and conditions. The declaration of consent is made with the payment.
In case of violation of the general terms and conditions or house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal claim for repayment of the rent or compensation.
§ 8 Cancellation of travel
In the event of withdrawal from the rental agreement, the lessee is obliged to pay a part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is calculated as follows:
up to 8 weeks before the day of arrival 0% of the agreed price
up to 4 weeks before the day of arrival 25% of the agreed price
up to 2 weeks before the day of arrival 50% of the agreed price
up to 1 week before the day of arrival 75% of the agreed price
6 days or less before the day of arrival or non-arrival 100% of the agreed price
The conclusion of a travel cancellation insurance is recommended.
§ 9 Withdrawal by the landlord
In the event of cancellation on our part, due to force majeure or other unforeseeable circumstances (such as accident or illness of the host) and other circumstances beyond our control make fulfilment impossible; liability is limited to the reimbursement of costs. In the event of justified withdrawal, the customer shall not be entitled to compensation - liability for travel and hotel costs shall not be assumed.
A withdrawal by the landlord can be made after the start of the rental period without notice if the tenant persistently disturbs other tenants despite a warning or behaves contrary to the contract to such an extent that the immediate cancellation of the rental contract is justified.
§10 Liability of the lessor
The lessor is liable within the scope of the duty of care of a prudent businessman for the proper provision of the rental object. Any liability for possible failures or disturbances in the water or electricity supply, as well as events and consequences due to force majeure, are hereby excluded.
§11 Use of Internet access via WiFi
§11.1. permission to use an internet access via WiFi
The landlord maintains an internet access via WiFi in his holiday property. He allows the Lessee to shareWiFi access to the Internet for the duration of his stay in the holiday property. The tenant is not entitled to allow third parties to use the WiFi.
The Landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He shall be entitled at any time to admit further co-users for the operation of the WiFiin whole, in part or temporarily and to limit or exclude the access of the Lessee in whole, in part or temporarily if the connection is or has been used in violation of the law, insofar as the Lessor must fear a claim for this and cannot prevent this with usual and reasonable effort within a reasonable time. In particular, the lessor reserves the right to block access to certain pages or services via the WiFi (e.g. pages glorifying violence, pornographic or chargeable pages) at its own discretion and at any time.
§11.2 Access data
The use is carried out by means of access protection. The access data (login and password) may not be passed on to third parties under any circumstances. If the Hirer wishes to grant third parties access to the Internet via theWiFi, this shall be subject to the prior written consent of the Owner and the acceptance of the provisions of this usage agreement by the third party, which shall be documented by means of a signature and complete identification. The Hirer undertakes to keep his access data secret. The Lessor shall have the right to change access codes at any time.
§11.3 Dangers of WiFi use, limitation of liability
The tenant is advised that the WiFi only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WiFi is not encrypted. The data may therefore be viewed by third parties. The lessor expressly points out that there is a risk that malicious software (e.g. viruses, Trojans, worms, etc.) may reach the end device when using the WiFi. Use of the WiFi shall be at the Hirer's own risk and at his own risk. The Lessor shall not be liable for damage to the Hirer's digital media caused by the use of the Internet access, unless the damage was caused by the Lessor and/or its vicarious agents intentionally or through gross negligence.
§11.4 Responsibility and release from claims
The lessee is responsible for the data transmitted via the WiFi, the services used for which a fee is charged, and the legal transactions not carried out via the WiFi. If the lessee visits chargeable Internet sites or enters into liabilities, the resulting costs shall be borne by the lessee. He is obliged to comply with the applicable law when using the WiFi.
He shall in particular:
- not to use the WiFi for the retrieval or distribution of immoral or illegal content
- not to unlawfully reproduce, distribute or make available any goods protected by copyright; this applies in particular in connection with the use of file-sharing programs
- observe the applicable regulations for the protection of minors
- not to send or distribute any harassing, defamatory or threatening contents
- do not use the WiFi to send mass messages (spam) and/or other forms of illegal advertising
§ 12 House rules, general rights and obligations
(1) The guest is obliged to observe the house rules. From 22.00 o'clock to 7.00 o'clock the night rest applies. In order to avoid disturbance, TV and audio equipment must be set to room volume.
(2) For the duration of leaving the holiday flat, the guest is obliged to keep windows (except tilted) and doors closed when leaving the holiday flat.
(3) Pets are not allowed in the holiday flat.
(4) A general smoking ban applies in the holiday flat. In case of violation the provider can charge a cleaning flat rate of up to 100.00 Euro (net). Smoking is only allowed on balconies and terraces.
(5) 1 parking space is reserved for our holiday apartment on the hotel's own parking lot. Further vehicles can be parked outside the property.
(6) In order to avoid damage to the buildings and out of consideration for the fruit trees and bushes, all ball sports are prohibited in the garden. Ball games are always possible outside our garden property.
(7) The use of the children's playground is permitted for children under 14 years of age and is at their own risk. Parents are liable for their children.
(8) The installation and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decoration or similar that is installed and releases the provider from third party claims. He is also obliged to compensate for damages caused by the installation and/or attachment of decoration or similar.
(9) The provider has a right of access to the holiday flat at any time, especially in case of imminent danger. The guest's interests worthy of protection are to be taken into account appropriately when exercising the right of access. The Provider shall inform the Guest about the exercise of the right of access in advance, unless this is not reasonable or impossible for the Guest under the circumstances of the individual case.
§13 Written form
There are no agreements other than those listed in this contract. Oral agreements have not been made. The general terms and conditions are accepted with transfer of the deposit.
§14 Severability clause
Should one or more provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes closest to the economic purpose of the invalid provision.
§ 15 Place of jurisdiction
The local court of Lingen (Ems) shall be responsible for any disputes arising from the contractual relationship.