TERMS OF SERVICE
§ 1 . Validity of the terms and conditions
(1) These General Terms and Conditions for Guest Accommodation apply to contracts for the leasing of accommodation for accommodation as well as all other services and deliveries of the provider rendered to the guest. The services of the provider are exclusively based on these terms and conditions.
(2) The subletting or re-letting of the provided accommodation as well as its use for purposes other than residential purposes require the prior written consent of the provider.
(3) Terms and conditions of the guest apply only if they have been previously agreed. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2. accommodation contract
(1) The accommodation contract is concluded when the provider confirms the booking request of the guest by telephone or in writing by mail, e-mail and / or fax and thus accepts the booking (application acceptance).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he is liable to the provider together with the guest as joint debtor for all obligations under this contract.
(3) The guest is obliged to check the booking confirmation for correctness. If the booking confirmation deviates in content from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to have been agreed by contract.
§ 3. Services, prices, payment, offsetting
(1) The provider is obliged to keep the accommodation booked by the guest available and to provide the agreed services. The provider accepts liability only for expressly promised equipment features, but not for the subjective quality of the equipment (eg ventilation).
(2) The guest is obligated to pay the applicable or agreed prices of the provider for the provision of the accommodation and the other services used by him. This also applies to services provided by the guest and expenses of the provider to third parties.
(3) All prices are without the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of persons occupying the accommodation. The accommodation is available for a maximum of the number of persons stated in the booking confirmation pursuant to § 2 (1). The occupancy of an additional number of persons requires the prior written consent of the provider. In this case, the price for the transfer of the accommodation increases to the price calculated by the provider in general with appropriate occupancy.
(5) If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the supplier for such services increases, the supplier may increase the contractually agreed price appropriately, but not by more than 10%.
(6) The payment of the agreed price for the provision of the accommodation as well as for the additional services agreed with the guest is due no later than the day of arrival.
(7) If an advance payment with the booking confirmation according to § 2 Abs. 1 is demanded, this is due on the 8th day after the transmission of the booking confirmation. If the provider can not record a payment until the 8th day after the confirmation of the booking has been sent, and if this is not done after expiry of a reasonable period of grace set by the provider with a threat of refusal, the provider is entitled to withdraw from the contract; he must inform the guest in writing. § 5 (3) shall then apply mutatis mutandis, provided that the 8th day after transmission of the booking confirmation is deemed to be the day of the cancellation.
(8) The guest can only set off an undisputed or legally established claim against a claim of the provider.
§ 4. General rights and obligations; House rule
(1) The guest must treat the accommodation and its inventory with care. The guest is obliged to comply with the house rules. From 22.00 o'clock to 7.00 o'clock the night rest applies. During this time special consideration for the roommates and neighbors is required. TV and audio equipment must be set to room volume.
(2) For the duration of the accommodation, the guest is obliged to keep windows and doors closed when leaving the accommodation, as well as to switch off lights and technical equipment.
(3) The accommodation of pets of any kind is allowed in the accommodation only with the prior written consent of the provider. The provider may charge a reasonable fee for the accommodation of animals. Animals are accommodated without the prior consent of the provider, this can charge a cleaning fee of up to € 200.00.
(4) The property has a general smoking ban. In case of violations, the provider may charge a cleaning fee of up to € 200.00. Smoking is only allowed on terraces.
(5) The use of the Internet is permitted insofar as it does not violate the statutory provisions. Punitive acts (in particular unlawful downloads, page views) are brought to light and prosecuted. Only the guest is liable for any illegal use of the internet.
(6) The inclusion and / or attachment of materials for decoration or the like is not allowed in the accommodation. The guest is liable for nevertheless one and / or attached decoration o. Ä. Alone and free the provider of claims of third parties. He is also obliged to compensate for damage caused by the installation and / or attachment of decoration or similar.
(7) The provider has a permanent right of access to the accommodation, especially in case of imminent danger. In the exercise of the right of access to take due account of the interests of the guest to be protected. The provider will inform the guest about the exercise of the right of access in advance, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§ 5. Withdrawal from contract (cancellation, cancellation)
(1) A resignation of the guest from the contract concluded with the provider requires the written consent of the provider. If this is not done, the agreed price from the contract is payable even if the customer does not use contractual services. This does not apply in cases of delay in performance of the provider or an impossibility of service provision for which he is responsible.
(2) The guest can, without triggering payment or damage claims of the provider, only withdraw from the contract, if between him and the provider the right of withdrawal has been agreed in writing by a certain date. This right of withdrawal of the guest expires if he does not exercise his right to rescind in writing to the provider by the agreed date, unless there is a case of default of performance of the provider or an impossibility of service provision for which he is responsible.
(3) Without triggering payment or damage claims of the provider, the guest is entitled to cancel up to 7 days before arrival, otherwise according to the following conditions:
Cancellation no later than: amount of the payment to be paid:
up to 7 days before arrival There are no costs for the guest
7 to 2 days before arrival Price for 1 full night
2 days to the day of arrival Price for 2 full nights
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The cancellation day is the date of receipt of the cancellation by the provider.
(4) If the guest does not appear at the latest by 10 pm on the day of arrival or later than 60 minutes after a later date agreed in accordance with § 7 (1) without having canceled, the contract is deemed to have been canceled. Paragraph 3 shall be applied accordingly. In addition, the provider may charge the guest an administration fee of € 100.00.
(5) If a right of withdrawal of the guest within a certain period pursuant to paragraph 2 has been agreed in writing, the provider in this period in turn entitled to withdraw from the contract, if inquiries from other guests for the contractually booked accommodation and the guest on request of the provider not waived his right to resign.
(6) Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons or to terminate this extraordinary, if, for example: B. a) force majeure or other circumstances for which the provider is not responsible make the fulfillment of the contract impossible; b) the accommodation is misleading or misrepresentation of material facts, eg. B. in the person of the guest or regarding the purpose or with respect to the occupancy or regarding the accommodation of animals, was booked, c) the apartment is used for other than for residential purposes, d) the provider has reasonable cause to believe that the use of the service jeopardizes the security or the peace of the house of other guests or neighbors or the reputation of the provider in the public, without this being attributable to the control or organization of the provider.
(7) The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In cases of para. 6 a), the provider must reimburse the rental payments already made and / or advance payments without delay. With justified resignation or with justified termination by the offerer no claim of the guest for damages arises. The guest has to reimburse the provider for all damages for which he is responsible due to a resignation or an extraordinary termination pursuant to para. 6.
§ 6. Liability; limitation
(1) The provider is liable for its obligations under the contract. The liability is limited to intent and gross negligence of the provider, if and in so far as he is not absolutely liable according to the statutory provisions unrestricted. Should faults or defects in the services of the provider occur, the provider will make an effort, with knowledge or immediate notification of the guest, to eliminate the fault or the defect. The guest is obliged to contribute to what is reasonable to eliminate the disruption or defect and to minimize any possible damage.
(2) The provider is not liable for any items brought in by the guest; they are not considered as brought in items within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This also applies to valuables that the guest keeps and / or leaves in the accommodation.
(3) The guest is liable for all damages culpably caused by himself, his fellow travelers or his visitors in the accommodation and / or the inventory of the accommodation. A private liability insurance is recommended to the guest. The guest is obliged to inform the provider without delay. This also applies in particular to damage that may affect other accommodation (eg water damage, fire damage).
(4) Claims of the guest expire after six months, unless the provider is liable for intent. Claims of the provider expire in the respective statutory period.
§ 7. Arrival and departure; Late eviction
(1) The accommodation is available on the day of arrival regularly from 2 pm. The arrival must take place until 10 pm, unless a later arrival time is agreed in advance with the provider. An arrival before 2 pm clock can also be made only if this has been agreed in advance with the provider.
(2) The guest is obligated to present the supplier with his / her valid identity card or passport or to send a copy via e-mail before arrival.
(3) On the day of departure, the guest has to vacate the accommodation until 11.00 am at the latest. If the accommodation is delayed, the provider is entitled to an additional payment to the guest. In addition, the provider is entitled to compensation for all further damages due to a delayed eviction.
(4) The guest is obliged to check the proper closing of the apartment door.
§ 8. data protection
The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the execution of the contract.
§ 9. final provisions
(1) Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The place of performance is Przesieka / Poland.
(3) The contract shall be governed exclusively by the law of Poland.
(4) These General Terms and Conditions are only for the personal use of the guest. A commercial use by third parties is expressly objected.
(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a provision which comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.