Allgemeine Geschäftsbedingungen der Schmidt Immobilien Management eG

 

Preamble

The renter intends to rent an apartment in the Boardinghouse, Sonnenstr. 43, 48143 Münster . The preceding contractual provision and the following contract regulate all rights and obligations of the parties.

Previous contractual provision: Rights and obligations arising from the accommodation contract

(1) If a room, apartment, or holiday home is booked and confirmed or made available (in the case of short notice bookings), this results in the conclusion of an accommodation contract. A legally binding contract is also deemed to have been concluded in the case of oral bookings, in particular bookings made by telephone, unless the written form has been expressly agreed.

(2) The conclusion of the accommodation contract obliges both contracting parties to fulfil the contract, regardless of the duration for which the contract is concluded. The owner of the accommodation is obliged to provide the booked accommodation for the agreed period. The guest shall pay the accommodation price as agreed in the contract.

(3) A unilateral, cost-free withdrawal from a binding booking on the part of the guest is generally excluded if the guest is unable to use the booked accommodation for reasons that lie within the guest's sphere of risk (exception: force majeure).

(4) If renters nevertheless withdraw from the contract, they are obliged to pay the agreed or standard price, irrespective of the time of and reason for withdrawal. However, the owner of the accommodation must allow saved expenses to be offset against their claim. Case law recognizes the value of the saved expenses as reasonable at a fixed rate of 20% for bed and breakfast, 30% for half board, 40% for full board and 10% for renting an apartment or holiday home.

(5) The owner of the accommodation shall be obliged to make all reasonable efforts in good faith and let accommodation that has not been used to another guest and must allow the savings made in this context to be offset against the cancellation fee claimed.

(6) The guest shall be entitled to prove that the accommodation provider has not suffered any damage or that the damage is significantly lower than indicated.

(7) The owner of the accommodation must pay compensation to the guest in the event of non-provision of the booked accommodation for which the owner is responsible (e.g. due to overbooking). The owner of the accommodation shall not have to pay compensation in the event of force majeure (e.g. natural disasters).

§ 1 Rental object

(1) The owner rents an apartment to the renter for residential purposes in the Boardinghouse Münster, Sonnenstr. 43, 48143 Münster.

(2) For the duration of the rental period the renter shall receive the following: 1 key or transponder (key card). The renter is not authorized to have duplicate keys made for the apartment. When leaving the apartment after the rental period, the renter may not retain any keys. The renter is informed that the holiday home is equipped with a locking system. If a key is lost or stolen, it must be assumed that there is a risk of misuse by unauthorized persons (thieves, intruders). To maintain security, the locking system must therefore be replaced or changed in such cases; due to the way in which the system works, all keys must be replaced, which will incur high costs. The renter is obliged to report any loss of keys to the accommodation owner without delay. The renter is obliged to bear the costs necessary to restore security in the event of loss or theft. This obligation shall not apply if the renter can prove that misuse of the keys is impossible. Proof can also be provided by the renter submitting an affidavit. Renters are advised that they may be legally liable to compensate any damage caused to third parties as a result of a breach of their obligations.

(3) Renters shall take over the rented rooms in their existing condition and recognize this condition as described in the contract, in particular ready for occupation and undamaged. The renter has been informed about possible inconvenience and accepts this to be in accordance with the contract, as this inconvenience was taken into account when determining the rent.

 

§ 2 Rent

(1) Final cleaning is included in the rent.

(2) The rent also includes: Bed linen, towels, kitchen towels and all utilities.

§ 3 Rental period

The rental contract ends as agreed without the need for termination.

 

§ 4 Rent payments

(1) Der Mieter leistet den gesamten Mietpreis auf das Konto des Vermieters bei der VR Bank Westfalen Lippe,
IBAN: DE97 4009 0900 7710 2246 01, BIC GENODEF1P15

(2) The timeliness of the payment shall not be determined by the date of transfer, but by the date of receipt on the owner’s account.

(3) If the renter is in default of payment, the owner shall be entitled to claim fixed dunning costs of 10.00 euros for each written reminder as well as default interest at a rate of 5 percentage points above the respective base interest rate.

 

§ 5 Maintenance of the rental property

(1) The renter is obliged to treat the apartment and the shared facilities with care and consideration. Damage to and in the holiday home must be reported to the owner immediately. Defects and damage discovered on arrival must be reported to the owner immediately. The renter shall be liable for any further damage caused by late notification. Damage caused during the stay will be charged. Complaints that are received by the owner at the end of the stay or after leaving the holiday apartment are excluded from compensation.

(2) The renter shall ensure that the rented rooms are properly cleaned. In the event of non-compliance, the guest shall be liable for the damage incurred.

(3) Renters shall be liable to the owner for damage culpably caused by a breach of the duties of care and diligence incumbent upon them. It is up to the renter to prove that there was no fault.

(4) Renters shall be liable in the same way for damage caused by their relatives, visitors or other persons that they allow to enter/stay in the apartment.

 

§ 6 Maintenance of the rental property

(1) The renter uses the apartment as a holiday apartment. The occupancy stipulated in the contract is not to be exceeded.

(2) Subletting is not permitted. When using the holiday apartment, the renter shall make sure that other residents of the house are not affected any more than necessary.

(3) The owner offers only non-smoking rooms. Smoking is prohibited in the entire interior of the Boardinghouse Münster. Renters accept and respect this provision with their booking. In the event of violation of this provision, an immediate contractual penalty of 300.00 euros shall be due. The smell of burnt smoking products (cigarettes, cigars, pipe tobacco, etc.) shall suffice as evidence. In addition, the owner shall be entitled to immediate termination without notice. Should the cleaning costs of the entire inventory of the premises booked by the renter be higher than the agreed contractual penalty, these will be due upon invoicing, after deduction of the contractual penalty already paid. Cancellation expenses for follow-up bookings are listed separately and are also due immediately upon departure of the guest. Related additional expenses for organizing alternative rooms in the Boardinghouse Münster or in other holiday apartments, holiday homes, hotels, event rooms or seminar rooms for subsequent guests, are also to be borne by the guest and are due immediately upon departure of the renter.

(4) The owner has a right of access to the holiday apartment at any time, especially in case of imminent danger. When exercising the right of access, due consideration shall be given to the renter's legitimate interests. The owner shall inform the renter in advance about the exercising of the right of access, unless this is unreasonable or impossible for the owner based on the circumstances of the situation.

(5) Renters shall be liable for all damage culpably caused by them, their travelling companions, or their visitors in the holiday apartment, in the building in which the holiday apartment is located and/or to the inventory of the holiday apartment. Private liability insurance is recommended for the renter. The renter is obliged to notify the owner of any damage without delay. This shall apply in particular to damage that may also affect other apartments in the house (e.g. water damage, fire damage).

(6) The owner shall not be liable for items brought in by the renter; they shall not be deemed to be brought-in items within the meaning of §§ 701 et seq. German Civil Code (BGB). Any liability of the owner pursuant to these regulations is thus expressly excluded and applies in particular also to valuables which the renter keeps and/or leaves in the holiday apartment.

(7) In the event of an emergency caused by the renter, e.g. lock-out from the holiday apartment, arrival of additional persons (provision of additional bed linen and towels), etc., an emergency service fee of € 25.00 shall be payable by the renter.

If the actual costs incurred are higher, it is the owner’s responsibility to provide evidence of these and to charge them to the renter.

§ 7 Keeping of animals

It is strictly prohibited to keep animals in the holiday apartments of the Boardinghouse. In case of violation of this provision, an immediate contractual penalty of 300.00 euros shall be due. In addition, the owner shall be entitled to immediate termination without notice. Should the cleaning costs of the entire inventory of the holiday apartment or holiday home booked by the renter be higher than the agreed contractual penalty by way of evidence, these shall become due upon invoicing, after deduction of the contractual penalty already paid. Cancellation expenses for follow-up bookings are listed separately and are also due immediately upon departure of the guest. Related additional expenses for organizing alternative rooms in the “Jovlen Beisken“, or in other holiday apartments, holiday homes, hotels, event rooms or seminar rooms for subsequent guests, are also to be borne by the renter and are due immediately upon departure of the renter.

§ 8 Arrival and departure

(1) The owner shall make the holiday apartment available to the renter from 4 p.m. on the day of arrival.

(2) The renter shall be obliged to return the apartment completely and clean-swept including all keys by 10 a.m. on the day of departure.

 

§ 9 Withdrawal from the contract on the part of the renter

(1) The renter may withdraw from the rental contract, provided that the rental period has not yet commenced. This requires a written declaration of withdrawal. The date on which this declaration is sent decides upon whether time limits have been kept. Should withdrawal be declared, the owner may demand compensation from the withdrawing party. This shall result in a sliding scale of payment depending on how short notice the withdrawal is.

50,00 € pauschal         bei Rücktritt bis 31 Tage vor Reisebeginn
50 %                                  bei Rücktritt bis 14. Tag vor Reisebeginn
80 %                                  bei Rücktritt bis 8. Tag vor Reisebeginn

100 %                                bei Rücktritt ab dem 7. Tag vor Reisebeginn

 

§ 11. Liability of the owner

(1) The owner shall be liable for damage in accordance with the statutory provisions.

(2) Owner liability for occasional failures or disruptions of energy or water supply is excluded. This also applies to disruptions to the WiFi connection. The renter shall not be entitled to a reduction in rent for the above reasons.

 

§ 12 Amendments and supplements to the rental contract / severability clause

Amendments and supplements to the contract must be made in writing. This also applies to this written-form clause. Should individual provisions
of this contract be or become invalid, this shall not affect the validity of the remaining provisions.