General terms and conditions with customer information

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal for consumers
  4. Rental property
  5. Arrival and departure times, key handover
  6. Rent and terms of payment
  7. Security deposit
  8. Use of the rented property, transfer of use to third parties
  9. Obligations of the tenant
  10. Changes to the rental property
  11. Landlord’s maintenance obligation, tenant’s rights in the event of defects
  12. Contractual right of withdrawal
  13. Liability
  14. Contract term, termination of the tenancy
  15. Clearing the rented property
  16. Applicable law
  17. Alternative dispute resolution

1) Scope of application

1. 1 These General Terms and Conditions (hereinafter “GTC”) of Barbara Thomsen, trading as “Villa Eden Peene Gützkow” (hereinafter “Landlord”), apply to all rental contracts that a consumer or entrepreneur (hereinafter “Tenant”) concludes with the Landlord with regard to the rental properties presented on the Landlord’s website. The inclusion of the tenant’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2. 1 The rental properties described on the Landlord’s website do not constitute binding offers on the part of the Landlord, but serve to submit a binding offer for the conclusion of a rental agreement by the Tenant.

2.2 The Lessee can submit the offer via the online booking form integrated into the Lessor’s website. By clicking the button that concludes the booking process, the tenant submits a legally binding contract offer in relation to the selected rental property. Furthermore, the tenant can also submit the offer to the seller by e-mail, post or telephone.

2.3 The Landlord may accept the Tenant’s offer within five days,

  • by sending the tenant a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the tenant is decisive in this respect, or
  • by requesting payment from the tenant after booking.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end of the fifth day following the sending of the offer. If the landlord does not accept the tenant’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the tenant is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Landlord’s online booking form, the text of the contract will be saved by the Landlord after the contract has been concluded and sent to the Tenant in text form (e.g. email, fax or letter) after the Tenant has sent their contractual declaration. The landlord shall not make the text of the contract available beyond this.

2.5 Before making a binding booking via the Landlord’s online booking form, the Tenant can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking is made and can also be corrected there using the usual keyboard and mouse functions.

2.6 The German language is available for the conclusion of the contract.

2. 7 Bookings are generally processed and contact established by e-mail and automated booking processing. The tenant must ensure that the e-mail address provided by him for processing the booking is correct so that the e-mails sent by the landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all e-mails sent by the landlord or third parties commissioned by the landlord to process the booking can be delivered.

3) Right of withdrawal for consumers

There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of services.

4) Rental property

The rental property is the vacation apartment or the vacation home shown in the respective property description on the landlord’s website with the rooms and furnishings described in more detail there in the location described in more detail there.

5) Arrival and departure times, key handover

5. 1 Arrival and departure times can be found in the respective property description on the Landlord’s website. Different arrival and departure times can be agreed individually with the landlord, in the event of early arrival or late departure, if necessary for an additional charge.

5.2 The key to the rental property will be handed over to the Tenant on arrival by the Landlord or a third party authorized by the Landlord at the location previously agreed with the Landlord.

6) Rent and terms of payment

6.1 The rent includes the remuneration for the provision of the rented property and for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste are not charged separately.

6. 3 Adjustments and/or modifications made to the rented property at the request of the Tenant shall be remunerated separately, unless they are necessary for the maintenance or repair of the rented property or to ensure its contractual use.

6.4 The rent is payable in advance for the entire term of the contract, unless otherwise agreed.

6.5 For the payment of the rent, the Lessee can choose between different payment methods, which are indicated on the Lessor’s website.

7) Security deposit

7.1 To secure its claims, the Rental Firm reserves the right to demand security from the Hirer in the form of a sum of money (deposit), the amount of which is specified in the offer on the Rental Firm’s website. The deposit must be paid by the tenant in advance in the same way as the rent.

7.2 If the Tenant leaves the rented property in proper condition at the end of the tenancy and no inventory is missing, the Landlord shall return the deposit paid by the Tenant to the Tenant within seven calendar days. To repay the deposit, the landlord may use the same means of payment that the tenant used to pay the deposit.

7. 3 If the Tenant does not leave the rented property in proper condition or if part of the inventory is missing, the Landlord shall retain the corresponding amount from the deposit to cover his loss, provided the Tenant is responsible for this. The landlord reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.

8) Use of the rented property, transfer of use to third parties

8. 1 The rental property is provided for the exclusive use of the Tenant and the roommates named by the Tenant upon conclusion of the rental agreement. The rental property may only be used for the contractually agreed purposes.

8.2 The Lessee is not entitled to transfer the use of the rented property to a third party without the Lessor’s permission, in particular to rent it out to a third party.

9) Obligations of the tenant

9.1 The Tenant must treat the rental property with care and protect it from damage. He shall follow the Lessor’s maintenance, care and operating instructions to the extent reasonable. Furnishings may not be removed, altered or rendered unusable.

9.2 The Tenant must keep the key to the rented property safe and return it to the Landlord or a third party authorized by the Landlord after the end of the tenancy. If the key is lost, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the matter.

10) Changes to the rental property

10.1 The Lessor is entitled to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be undertaken if they are reasonable for the tenant and do not impair the contractual use of the rented property. The landlord must inform the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.

10.2 Changes and additions to the rented property by the Tenant require the prior consent of the Landlord. Upon return of the rented property, the tenant shall restore it to its original condition at the landlord’s request.

11) Landlord’s maintenance obligation, tenant’s rights in the event of defects

11.1 The Lessor is obliged to keep the rented property in a condition suitable for use in accordance with the contract for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures are carried out at regular maintenance intervals and when defects, faults or damage occur. The landlord must be granted the necessary access to the rental property for this purpose.

11.2 The Hirer must notify the Rental Firm immediately of any defects, faults or damage.

11.3 Defects shall be remedied by reworking or repairing the rented property free of charge. The landlord must be given a reasonable period of time to do so. With the Tenant’s consent, the Landlord may replace individual components of the rented property for the purpose of remedying defects. The tenant will not unreasonably withhold his consent to this.

11.4 Termination by the Tenant in accordance with. § Section 543 para. 2 sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy the defect shall only be assumed if it is impossible, if the landlord refuses to do so or delays it in an unreasonable manner, if there are reasonable doubts regarding the prospects of success or if it is unreasonable for the tenant for other reasons.

11.5 The Tenant’s rights due to defects are excluded if the Tenant makes or has made changes to the rented property without the Landlord’s consent, unless the Tenant proves that the changes have no unreasonable impact on the analysis and elimination of the defect for the Landlord. The tenant’s rights due to defects shall remain unaffected insofar as the tenant is authorized to make changes, in particular within the scope of exercising the right of self-remedy in accordance with Section 6.2. § Section 536a para. 2 BGB, and these were carried out professionally and documented in a comprehensible manner.

12) Contractual right of withdrawal

The landlord grants the tenant the right to cancel his booking free of charge in accordance with the following conditions (contractual right of withdrawal):

The tenant can cancel his booking up to 5 days before the start of the rental period without giving reasons by sending a declaration to the landlord in text form (e.g. e-mail). The receipt of the declaration by the landlord shall be decisive for compliance with the cancellation deadline. If the tenant cancels his booking in due time, the landlord will refund any rent already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the landlord may use the same means of payment that the tenant used for his payment to the landlord.

13) Liability

13. 1 The strict liability of the Landlord pursuant to § 536a para. 1 BGB due to defects that already existed at the time the contract was concluded is excluded.

13.2 Otherwise, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

13.2.1 The Lessor shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the Product Liability Act.

13.2.2 If the Rental Firm negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

13.2.3 Any further liability of the Rental Firm is excluded.

13.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.

14) Contract term, termination of the tenancy

14.1 The tenancy is concluded for a fixed term and ends automatically at the end of the agreed rental period. The tenant will be informed of the rental period on the landlord’s website.

14.2 The rent shall commence when the rented property is handed over to the Tenant.

14. 3 The Tenant’s right to extraordinary termination in accordance with Section 14.3. § Section 543 para. 2 sentence 1 no. 1 BGB for failure to grant use in accordance with the contract and the right of each party to extraordinary termination for good cause shall remain unaffected.

14.4 The termination must be in text form (e.g. e-mail) to be effective.

15) Evacuation of the rented property

15.1 At the end of the contractual relationship, the Tenant must leave the rented property in a proper condition. The tenant’s personal belongings must be removed, household waste must be disposed of in the bins provided, dishes must be stored clean and washed in the kitchen cupboards.

15.2 The Tenant must reimburse the costs of restoration in the event of damage or defects to the rented property and/or its inventory for which he is responsible.

15.3 If the agreed rental period is exceeded, the Lessee is obliged to pay the Lessor an amount corresponding to the agreed rent for each day the rental period is exceeded. The lessor expressly reserves the right to assert claims for any further damages.

16) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

17) Alternative dispute resolution

17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: /consumers /odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

17.2 The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.