GENERAL TERMS AND CONDITIONS
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries provided to the guest by Errante Apartments GmbH. The services of Errante Apartments GmbH are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or reletting of the provided vacation apartment as well as its use for other than residential purposes requires our prior written consent.
(3) The guest’s terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if we have expressly confirmed this in writing.
§ 1 Definitions
a) The term “Nibelungen Apartments” “we”, “us” or “our” refers to Errante Apartments GmbH, a company registered in the registry under HRB Mainz 51167.
b) The term ” Errante Apartments GmbH” refers to our website www.nibelungen-apartments.de
c) The term “Services” refers to all services provided by
Errante Apartments GmbH from time to time, including but not limited to receiving booking information through our booking and payment system, managing reservations and payments and responding to customer inquiries through our reservation system, and managing content on third party channels through our Channel Manager.
d) The term “Customer” refers to either: a) the individual registering for a Customer Account on his or her own behalf; or b) the organization with which the individual registers for a Customer Account on behalf of an organization.
e) The term “Customer Account” refers to the account that the Customer creates at.
www.nibelungen-apartments.de to access and use the Services.
f) The term “Property” refers to any form of accommodation, building, houseboat, apartment, room, apartment block, house or other dwelling or rental space displayed by the Customer or a third party channel and offered for rent through the Services.
g) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.
h) The term “Customer Content” refers to content provided by the Customer in the course of using the Services, including but not limited to other information.
§ 2 Booking/booking confirmation
All booking requests must be made through our website www.nibelungen-apartments.de, by email firstname.lastname@example.org or by phone to 06241-9791919. All requests made through any other method such as Facebook or Instagram will not be considered.
If we can offer you the apartment in your requested period, we will send you a written confirmation as well as the invoice by e-mail or by mail. Upon receipt of the booking confirmation, as well as after the deposit has been made (see § 3 Terms of Payment), your booking is legally binding.
§ 3 Terms of payment
Upon receipt of the deposit, your booking becomes valid. The down payment in the amount of 10% of the rental contract is due within 14 days after receipt of the booking documents for payment. After the deposit has been made, the payment of the remaining amount is due 2 days before the start of the trip. If the payment deadlines are not met, Errante Apartments GmbH can withdraw from the contract. Non-payment is considered as withdrawal and entitles to re-letting.
Additional costs for water, waste will not be charged.
§ 4 Arrival and departure
On the day of arrival the apartment is available from 15:00. The information of the key handover gets the guest, 2 days before the arrival by e-mail. Claims for damages can not be asserted if the apartment exceptionally not on time at 15:00 clock can be obtained.
For an earlier provision from 13:00 (by arrangement) a fee of 10€ will be charged.
On the day of departure, the apartment must be vacated by 10:00 am. If the guest wishes a late departure, this should be discussed with us in advance.
For a later departure max. 13.00 o’clock, we charge a fee of 10€.
The apartment is to be left broom-clean on the day of departure. The dishes, glasses, etc. are to be cleaned and put away, the trash cans emptied and the refrigerator cleared out. If the apartment is not left as desired, you may be charged for this.
§ 5 Holiday apartments
The apartment will be handed over by us in a neat and clean condition with complete inventory. If you notice any deficiencies during your stay, the guest is obliged to inform Errante Apartments GmbH immediately. The guest is liable for any damage caused by him to the rented property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys.
The inventory is to be treated carefully and with care and is only intended to remain in the vacation apartments. The moving of furnishings, especially beds, is prohibited. The guest is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this. In case of use of the vacation apartment contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., the contract can be terminated without notice and the guest must therefore leave the vacation apartment. The already paid rent remains with Errante Apartments GmbH.
§ 6 Pets
The accommodation of pets of any kind is not allowed in the apartment.
§ 7 Stay
The apartment may only be used by the persons listed in the booking. Should the apartment be used by more persons than agreed, a separate fee of 15 Euro / per night is to be paid for them. Errante Apartments GmbH also has the right to terminate the contract without notice in this case.
Subletting and transfer of the apartment to third parties is not allowed. The guest agrees to the general terms and conditions as well as the house rules of the apartments. The declaration of consent is made with the payment.
In case of violation of the general terms and conditions or the house rules, Errante Apartments GmbH is entitled to terminate the rental agreement immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.
§ 8 Cancellation
In the event of cancellation, the guest is obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is as follows:
48 hours before the day of arrival free of charge, thereafter 50 % of the agreed price.
Non-arrival 100 % of the agreed price
§ 9 Cancellation by the landlord
In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the host), as well as other circumstances for which we are not responsible, make the fulfillment impossible; liability is limited to the reimbursement of costs. In the case of justified withdrawal, the customer is not entitled to compensation – liability for travel and hotel costs will not be accepted.
A withdrawal by Errante Apartments GmbH can be made after the beginning of the rental period without notice.
§ 10 Liability of the landlord
Errante Apartments GmbH is liable within the scope of due diligence for the proper provision of the rental property. A liability for possible failures or disturbances in water or power supply, as well as events and consequences due to force majeure are hereby excluded.
§ 11 Permission to use an Internet access via WLAN
Errante Apartments GmbH maintains an Internet access via WLAN in his vacation apartment. He allows the guest for the duration of his stay in the vacation property a shared use of the WLAN access to the Internet. The tenant does not have the right to allow third parties to use the WLAN.
Errante Apartments GmbH does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. Errante Apartments GmbH is entitled at any time to allow other co-users for the operation of the WLAN in whole, in part or temporarily and to restrict or exclude the access of the tenant in whole, in part or temporarily, if the connection is or was used in an illegal manner, as far as Errante Apartments GmbH must fear a claim because of this and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, Errante Apartments GmbH reserves the right to block access to certain pages or services via the WLAN at any time and at its own reasonable discretion (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
§ 11.1 Access data
The use of the WLAN is secured by means of access data. The access data (login and password) may not be passed on to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the WLAN, this is subject to our prior written consent and the acceptance of the provisions of this user agreement by the third party, documented by signature and complete identification. The guest agrees to keep his access data secret. Errante Apartments GmbH has the right to change access codes at any time.
§ 11.2 Dangers of WLAN Use, Limitation of Liability
The guest is informed that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is not encrypted. The data can therefore possibly be viewed by third parties. Errante Apartments GmbH expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. The use of the WLAN is at the guest’s own risk. We assume no liability for damage to digital media of the tenant caused by the use of the Internet access, unless the damage was caused by us and / or its agents intentionally or grossly negligent.
§ 12 House Rules, General Rights and Duties
(1) The guest is obliged to observe the house rules. From 10:00 p.m. to 6:00 a.m. night rest applies. In order to avoid disturbance, TV and audio equipment must be set to room volume.
(2) The guest is obliged to keep windows (except tilted) and doors closed when leaving the vacation apartment for the duration of the rental period.
(3) Smoking is generally prohibited in the vacation apartment. In case of violations, you may be charged a cleaning fee of up to 100€. Smoking is only allowed on balconies and terraces.
(4) The installation and/or attachment of materials for decoration or similar is not permitted in the vacation apartment. The guest is solely liable for any decoration or the like that is nevertheless installed and/or attached. The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or the like.
(5) Errante Apartments GmbH has the right of access to the apartment at any time, especially in case of imminent danger. When exercising the right of access, the guest’s interests worthy of protection are to be taken into consideration appropriately. We will inform the guest about the exercise of the right of access in advance, unless this is not reasonable or impossible for him according to the circumstances of the individual case.