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. Check-In and Check-Out Times, Key Handover
6. Rent and Payment Terms
7. Use of the Rental Property, Assignment to Third Parties
8. Tenant's Obligations
9. Changes to the Rental Property
10. Landlord's Maintenance Obligation, Tenant's Rights in Case of Defects
11. Contractual Right of Withdrawal
12. Liability
13. Term of the Contract, Termination of the Rental Agreement
14. Vacation of the Rental Property
15. Applicable Law
16. Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Oliver Wittekind, trading as "Oliver Wittekind" (hereinafter referred to as the "Landlord"), apply to all rental agreements concluded between a consumer or business operator (hereinafter referred to as the "Tenant") and the Landlord regarding rental properties displayed on the Landlord's website. The inclusion of the Tenant's own terms and conditions is hereby expressly rejected unless otherwise agreed.
1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. A business operator, as defined in these GTC, is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when entering into a legal transaction.
2.Conclusion of Contract
2.1 The rental properties described on the Landlord's website do not constitute binding offers by the Landlord but serve as a means for the Tenant to submit a binding offer to conclude a rental agreement.
2.2 The Tenant can submit the offer by using the integrated online booking form on the Landlord's website. By clicking the button that finalizes the booking process, the Tenant submits a legally binding contract offer regarding the selected rental property. Furthermore, the Tenant can also submit the offer via email, fax, postal mail, or by phone to the Landlord.
2.3 The Landlord can 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 email), with the receipt of the booking confirmation at the Tenant being decisive, or
- requesting payment from the Tenant after the Tenant's booking. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first.
The period for accepting the offer begins on the day after the offer is sent by the Tenant and ends with the expiration 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 is deemed as a rejection of the offer, with the consequence that the Tenant is no longer bound by their declaration of intent.
2.4 Before making a binding booking through the Landlord's online booking form, the Tenant can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries will be displayed again in a confirmation window before making the binding booking, and can also be corrected there using the usual keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
2.6 Booking processing and communication usually take place via email and automated booking processing. The Tenant must ensure that the email address provided by them for booking processing is correct, so that emails sent by the Landlord can be received at this address. In particular, when using spam filters, the Tenant must ensure that all emails sent by the Landlord or by third parties authorized by the Landlord for booking processing can be delivered.
3, Right of Withdrawal for Consumers
There is no right of withdrawal for consumers for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, if the contract provides for a specific date or period of time for performance.
4.Rental Property
The rental property is the holiday apartment or holiday house with the rooms and furnishings specified in the respective property description on the Landlord's website, as well as the location described therein.
5. Check-In and Check-Out Times, Key Handover
5.1 Check-in and check-out times are evident from the respective property description on the Landlord's website. Different check-in and check-out times can be individually agreed with the Landlord in advance, possibly subject to an additional fee, in the case of early check-in or late check-out.
5.2 The key to the rental property will be handed over to the Tenant by the Landlord or a person authorized by the Landlord for this purpose at the location previously agreed upon with the Landlord.
6. Rent and Payment Terms
6.1 The rent includes compensation for the provision of the rental property as well as its maintenance and repair.
6.2 Additional costs for water, electricity, parking space, and waste disposal are not separately billed.
6.3 Adjustments and/or changes made to the rental property at the request of the Tenant are to be compensated separately, unless they are necessary for the maintenance or repair of the rental property or for securing its contractual use.
6.4 The rent must be paid in advance for the entire term of the contract, unless otherwise agreed.
6.5 The Tenant can choose from different payment methods, which are specified on the Landlord's website.
7. Use of the Rental Property, Assignment to Third Parties
7.1 The rental property is provided for the exclusive use of the Tenant and the cohabitants named by the Tenant at the time of entering into the rental agreement. The rental property may only be used for the purposes contractually agreed upon.
7.2 Without the Landlord's permission, the Tenant is not entitled to assign the use of the rental property to a third party, particularly by renting it out to a third party.
8. Tenant's Obligations
8.1 The Tenant must treat the rental property with care and protect it from damage. The Tenant shall follow the maintenance, care, and operating instructions provided by the Landlord to the extent reasonable. Furnishings may not be removed, altered, or rendered unusable.
8.2 The Tenant must keep the key to the rental property in a safe place and, after the termination of the rental agreement, return it to the Landlord or a person authorized by the Landlord. In case of loss of the key, the Tenant must immediately inform the Landlord and cooperate to the best of their knowledge in clarifying the matter.
9. Changes to the Rental Property
9.1 The Landlord is entitled to make changes to the rental property if they serve its maintenance. Improvements may only be made if they are reasonable for the Tenant and do not impair the contractual use of the rental property. The Landlord must inform the Tenant in advance about such measures. If the Tenant incurs expenses due to these measures, they shall be reimbursed by the Landlord.
9.2 Changes and additions to the rental property by the Tenant require the prior consent of the Landlord. Upon return of the rental property, the Tenant shall, upon request of the Landlord, restore it to its original condition.
10. Landlord's Maintenance Obligation, Tenant's Rights in Case of Defects
10.1 The Landlord is obligated to maintain the rental property in a condition suitable for its contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. These measures are carried out at regular intervals and in case of defects, malfunctions, or damages. The Landlord must be granted access to the rental property for this purpose.
10.2 The Tenant must immediately report any defects, malfunctions, or damages to the Landlord.
10.3 Defects will be remedied through free rectification or repair of the rental property. The Landlord must be given a reasonable period for this purpose. With the Tenant's consent, the Landlord may replace individual components of the rental property for the purpose of rectifying defects. The Tenant shall not unreasonably withhold their consent to this.
10.4 Termination by the Tenant under § 543 para. 2 sentence 1 no. 1 of the German Civil Code (BGB) due to non-provision of contractual use is only permissible if the Landlord has been given sufficient opportunity to rectify defects, and this has failed. Failure to rectify defects shall only be deemed to have occurred if it is impossible, refused by the Landlord, or unreasonably delayed, if there are reasonable doubts about the prospects of success, or if there are other reasons that make it unreasonable for the Tenant.
10.5 The Tenant's rights in case of defects are excluded if the Tenant makes changes to the rental property without the Landlord's consent or has changes made to it, unless the Tenant can prove that the changes have no unreasonable impact on the analysis and rectification of the defect. The Tenant's rights in case of defects remain unaffected if the Tenant is entitled to make changes, especially within the scope of the right to rectify defects under § 536a para. 2 BGB, and these have been carried out professionally and documented comprehensibly.
11. Contractual Right of Withdrawal
The Landlord grants the Tenant the right to cancel their booking free of charge according to the following conditions (contractual right of withdrawal):
The Tenant can cancel their booking by giving a declaration to the Landlord in text form (e.g., email) up to 15 days before the start of the rental without providing any reasons. The decisive factor for complying with the cancellation deadline is the receipt of the declaration by the Landlord. If the Tenant cancels their booking in a timely manner, the Landlord will fully refund any rental fee already paid within two weeks of receiving the Tenant's declaration. The Landlord may use the same payment method used by the Tenant for their payment to refund the rental fee.
12.Liability
12.1 The Landlord's liability under § 536a para. 1 BGB for defects that existed at the time of conclusion of the contract is excluded.
12.2 Furthermore, the Landlord is liable to the Tenant for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses as follows:
12.2.1 The Landlord is fully liable under any legal basis:
- for willful intent or gross negligence,
- for intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise provided,
- under mandatory liability such as under the Product Liability Act.
12.2.2 In the event of negligence by the Landlord in breaching a material contractual obligation, liability is limited to the typically foreseeable damage, unless unlimited liability applies pursuant to the foregoing provision. Material contractual obligations are obligations that the contract imposes on the Landlord according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Tenant regularly relies.
12.2.3 Otherwise, the Landlord's liability is excluded.
12.2.4 The above liability provisions also apply with regard to the liability of the Landlord for their vicarious agents and legal representatives.
13. Term of the Contract, Termination of the Rental Agreement
13.1 The rental agreement is concluded for a fixed term and automatically ends upon expiration of the agreed rental period. The rental period is communicated to the Tenant on the Landlord's website.
13.2 Rent starts with the handover of the rental property to the Tenant.
13.3 The Tenant's right to extraordinary termination pursuant to § 543 para. 2 sentence 1 no. 1 BGB due to non-provision of contractual use and the right of each party to extraordinary termination for cause remain unaffected.
13.4 To be effective, termination requires text form (e.g., email).
14. Vacation of the Rental Property
14.1 Upon termination of the contractual relationship, the Tenant must vacate the rental property in proper condition. The Tenant must remove their personal belongings, dispose of household waste in the provided containers, and store dishes clean and washed in the kitchen cabinets.
14.2 The Tenant must reimburse the Landlord for the costs of restoration in case of damages or defects to the rental property and/or its inventory attributable to the Tenant.
14.3 If the agreed rental period is exceeded, the Tenant is obliged to pay the Landlord a daily rate corresponding to the agreed rental fee for each day of exceeding the rental period. The Landlord expressly reserves the right to assert additional damages.
15. Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
16. Alternative Dispute Resolution
16.1 The European Commission provides a platform for online dispute resolution (ODR) at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
16.2 The Landlord is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
