General terms & conditions for Landhäuser BergWiese
These General Terms and Conditions apply to the contracts concluded with the accommodation provider for the rental of rooms as well as to the services provided by the accommodation provider.
The guest’s terms and conditions shall only apply if this has been agreed in writing beforehand.
The guest can withdraw from the contract at any time. The withdrawal must be made in writing.
If a withdrawal is due to force majeure (natural disasters) or official orders (pandemics, e.g. Corona), the guest is not required to pay any cancellation fees. Any advance payments made will be refunded to the guest by the accommodation provider.
Otherwise, in the event of withdrawal from the contract, the guest is obliged to pay as follows:
- From 120 to 61 days before the start of the rental period: Amount of the deposit
- From 60 to 15 days before the start of the rental period: 50% of the total price
- From 14 to 8 days before the start of the rental period: 80% of the total price
- In the event of cancellation less than 8 days before the start of the rental period, the full price must be paid.
The date of receipt of the trip cancellation message applies. Amounts already paid are offset accordingly.
A substitute person who enters the contract under the agreed conditions can be determined. Written confirmation by the tenant and the substitute person is required.
The rental agreement becomes effective upon receipt of the deposit on the bank account of the proprietor.
The deposit of 20% of the rental amount is payable within 7 days after receipt of the booking confirmation. After the down payment has been made, the remaining amount is to be paid at the latest 10 days before the day of arrival. Decisive for the payment of the guest is the time of receipt of payment by the accommodation provider.
Service charges are included in the rental price in all properties.
The acceptance of credit cards, cheques or other means of payment apart from cash is only on account of performance.
A spa tax is levied by the relevant municipality and is payable directly to the municipality.
The accommodation provider is entitled to withdraw from the contract if an agreed advance payment or security deposit is not made by the guest within the period of time specified for this purpose. Furthermore, the accommodation provider is entitled to withdraw from the contract for good cause.
The accommodation provider is entitled to withdraw from the contract for objectively justified reasons, in particular if
- an agreed advance payment or security deposit is not made by the guest within the period specified for this purpose,
- force majeure or other circumstances for which the accommodation provider is not responsible make it impossible to fulfil the contract,
- the use of the service may endanger the smooth running of the business, the safety or the reputation of the accommodation facility, without this being attributable to the sphere of control or organisation of the accommodation facility
If the accommodation provider exercises the right of withdrawal, the guest must be informed in writing at the latest 7 days after the reason has become known.
The guest can only offset an undisputed or legally established claim against a claim of the accommodation provider.
The accommodation company is obliged to make the booked accommodation available from the agreed time and for the agreed duration and to provide the further agreed services.
It is generally possible to move into the rented accommodation from 15.00 hrs on the day of arrival. On the day of departure, the object is to be vacated at 10.00 o’clock. If this departure time is exceeded by more than 30 minutes, a further booking day will be charged.
Other arrival and departure times can be arranged individually with the rental agency (depositing the key in the key safe).
If the tenant does not appear on the day of arrival until 22.00 o’clock, the contract is considered terminated. The landlord is then free to resume the use of the property.
The guest may only use the booked accommodation for its intended purpose. The accommodation can only be occupied by the guest and the other persons specified in the booking confirmation. A transfer of use to third parties and/or subletting is only permitted if the accommodation provider has given its prior written consent.
The guest is obliged to inform the accommodation provider immediately of any defects or faults that may occur and to demand remedy. The guest’s claims are only valid if the complaint incumbent on the guest is not made through any fault of his own.
The guest is liable for damage caused by him, by other persons resulting from the booking confirmation or by third parties staying in the rooms with the consent of the accommodation provider and the guest, unless the guest can prove that the damage was not caused culpably.
The slope protection of the building sites of the property at Braunlager Straße 11 in St. Andreasberg is not suitable for walking on, especially not for children. Persons responsible for supervision are expressly requested to prevent children from entering the slope protection.
The accommodation provider operates internet access via WLAN in the rooms. The guest and the persons named in the accommodation contract have the right to use the WLAN access to the Internet for the duration of their stay in the rooms. The use by third parties is not permitted.
The accommodation provider does not guarantee the actual availability, suitability or reliability of internet access for any purpose. The accommodation provider is entitled to discontinue the operation of the WLAN in whole, in part or temporarily at any time.
The use of the WLAN is effected by entering a code. The access data is only for the personal use of the guest and the persons included in the accommodation contract and may not be passed on to third parties.
The guest is aware that the WLAN only allows access to the Internet – virus protection and firewall are not available. The accommodation company expressly draws the guest’s attention to the fact that there is a risk that harmful contents such as viruses, Trojans, etc. can reach the end device when using the WLAN.
The use of the WLAN is at the guest’s discretion and risk. The accommodation provider shall not be liable for damage to the guest’s PC caused by the use of the internet access, unless the accommodation provider has caused the damage intentionally or through gross negligence.
The guest alone is responsible for the data transmitted via the WLAN, the services subject to charges and the legal transactions carried out. When using the WLAN, the guest is obliged to comply with the applicable law, in particular to observe copyright and youth protection regulations, and not to use the WLAN for forms of impermissible advertising.
The guest shall indemnify the accommodation provider from all damages and claims of third parties that are based on an unlawful use of the WLAN or on a violation of this agreement by the guest or the persons included in the accommodation contract. This also extends to costs and expenses associated with the use of or defence against such claims.
Smoking is not permitted within the holiday apartments and houses on offer. Please use the balcony, terraces and/or the open-air grounds for this purpose.
Pets are only permitted in the houses Sonneberg and Glockenberg in Braunlager Straße 11 in St. Andreasberg. Pets are not permitted in the apartments Arnika and Akelei, Braunlager Straße 11, and in the cottage Höhenblick, Auf der Höhe 13 in St. Andreasberg.
Parking spaces on the premises at Braunlager Straße 11 in St. Andreasberg:
In front of the main building there is a parking area, marked with the name Akelei. This belongs to the 4-room apartment Akelei. A further three parking spaces are located on the premises. These belong to the 2-room apartment Arnika and the two log cabins Glockenberg and Sonnenberg. These parking spaces are signposted with the names of the properties. As described on the internet and in the house brochure, there is a right to one parking space per unit. Further free parking spaces can be found in front of the spa hotel, Am Kurpark. The regulations of the German road traffic regulations (StVO) apply on the premises. The accommodation provider does not accept any liability unless the damage was caused intentionally or by gross negligence by the accommodation provider himself.
Equipment shed on the property Braunlager Straße 11 in St. Andreasberg:
The mountain bike and ski storage shed is used to store all kinds of sports equipment. The building is connected to the locking system of the respective apartment. Sports equipment should be additionally safeguarded by private locking. The accommodation company does not accept any liability for theft or damage unless the damage was caused intentionally or by gross negligence by the accommodation provider himself.
Barbecue hut on the premises Braunlager Straße 11 in St. Andreasberg:
The barbecue hut is available to the tenants. It is secured by the locking system. After use, the barbecue hut should be relocked. Barbecue food and charcoal can be purchased in the village or elsewhere; the landlord does not provide the barbecue food. The barbecue hut must not be left unattended if there is still glowing charcoal in the barbecue stand. If necessary, the charcoal must be extinguished. After the barbecue, the fireplace must be cleaned. The accommodation provider shall not be liable for damage of any kind unless the damage was caused intentionally or through gross negligence by the accommodation provider himself.
Sauna on the property Braunlager Straße 11 in St. Andreasberg:
The sauna is available to guests free of charge from 10.00 to 21.00 hours. After 9 pm, the electricity is switched off by a timer. Please bring water for the infusion from the rental property. A water bucket is available in the sauna. Please leave it there again after the sauna session. Please bring your own aromatic substances if you wish to add them to the sauna. Cooling down takes place in the outdoor area or by taking a shower in your own apartment.
The tenant agrees that necessary data about his person within the scope of the contract concluded with him can be stored, changed and / or deleted and also forwarded for the purpose of issuing a spa card.
The tender for letting was prepared to the best extent knowledge. No liability is accepted for any influence on the rental property through force majeure caused by power and water failures and storms that are customary in the country. Similarly, no liability is accepted in the event of unforeseeable or unavoidable circumstances such as official orders (see the current Corona Pandemic 2020), sudden construction sites or for disruptions caused by natural or local events. The landlord will be happy to assist in remedying such disruptions to the extent possible.
The tenant’s arrival and departure are at his own responsibility and liability. The landlord is not liable for personal items in case of theft or e.g. fire.
The place of fulfilment is St. Andreasberg. The local place of jurisdiction is Clausthal-Zellerfeld. The law of the Federal Republic of Germany applies.
Amendments and modifications to the agreement must be made in writing to be legally effective. The same applies to the waiver of the written form requirement.
Should individual provisions be or become invalid, this shall not affect the legal validity of the remaining provisions. The legally invalid provision shall be replaced by a legally valid provision, which approximates as closely as possible to the economic purpose and meaning of the invalid provision. In all other respects the statutory provisions shall apply.