GENERAL TERMS AND CONDITIONS FOR THE RENTAL AGREEMENT WITH FeWo-Karo.de / Karolyi
1. SCOPE
1.1. These terms and conditions apply to contracts for the rental of holiday apartments and holiday homes for accommodation, as well as all other services and deliveries provided to the customer by the landlord, owner Karolyi, in this context (accommodation contract). The term "accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, holiday apartment, and holiday room contract.
1.2. The subletting or further rental of the provided properties, as well as their use for purposes other than accommodation, requires the prior written consent of the holiday property owner. Taking your own photos, sound, film, and video recordings for exclusively private purposes is permitted, provided that other guests are not disturbed or affected. Professional photo, sound, and film recordings for commercial use, however, are only permitted with prior written consent. Please contact the owner in advance for this purpose.
1.3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
2. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNER, LIMITATION PERIOD
2.1. The contracting parties are the landlord and the customer. The contract is concluded upon acceptance of the customer's application by FeWo-Karo.de. The landlord is free to confirm the apartment or house rental in writing.
2.2. All claims against the landlord generally expire one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the landlord.
3. SERVICES, PRICES, PAYMENT, SET-OFF
3.1. The landlord is obliged to keep the holiday apartment booked by the customer available and to provide the agreed services.
3.2. The customer is obliged to pay the agreed or applicable prices for the rental of the holiday property and any additional services used by the customer.
3.3. The agreed prices include all taxes and local levies applicable at the time of contract conclusion. If the statutory sales tax changes or local levies on the service are introduced, amended, or abolished after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between contract conclusion and contract fulfillment exceeds four months.
3.4. The landlord may make its consent to a subsequent reduction in the number of persons booked, or in the number of apartments or houses, or in the length of stay requested by the customer, dependent on a reasonable increase in the price of the properties.
3.5. Invoices issued by the Lessor are due for payment immediately upon receipt without deductions within one business day. If payment by invoice has been agreed, payment must be made without deductions within one business day of receipt of the invoice, unless otherwise agreed.
3.6. The landlord is entitled to request an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example, in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of default by the customer, the statutory provisions apply.
3.7. In justified cases, for example in the event of payment arrears by the customer or an extension of the scope of the contract, the landlord is entitled, even after the conclusion of the contract and up until the start of the stay, to demand an advance payment or security deposit within the meaning of paragraph 3.6 above or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8. The landlord is further entitled to request from the customer, at the beginning and during the stay, an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.6 and/or Section 3.7 above.
3.9. The customer may only offset or set off a claim against a claim of the lessor if the claim is undisputed or legally binding.
3.10 The customer agrees that the invoice will be sent to him electronically.
4. CUSTOMER WITHDRAWAL (CANCELLATION, TERMINATION) / FAILURE TO USE THE HOLIDAY PROPERTY'S SERVICES
4.1. The customer may only withdraw from the contract concluded with the landlord if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if the landlord expressly agrees to the termination of the contract.
4.2. If a date for withdrawal from the contract free of charge has been agreed between the lessor and the customer, the customer may withdraw from the contract up to that date without triggering any payment or compensation claims from the lessor.
4.3. If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination, and if the company does not agree to a cancellation of the contract, the landlord retains the right to the agreed remuneration despite non-use of the service. The company must deduct the income from renting the apartments to other parties as well as the saved expenses. If the properties are not rented to other parties, the landlord can apply a lump sum deduction for saved expenses. In this case, the customer is obligated to pay 100% of the contractually agreed price for the overnight stay.
5. WITHDRAWAL BY THE LANDLORD
5.1. If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the company is entitled to withdraw from the contract during this period if other customers request the contractually booked properties and the customer does not waive their right of withdrawal upon request from the landlord within a reasonable period of time. This applies accordingly if an option is granted if other requests are received and the customer is not prepared to make a firm booking upon request from the company within a reasonable period of time.
5.2. If an advance payment or security deposit agreed or requested in accordance with clause 3.6 and/or clause 3.7 is not made even after the expiry of a reasonable grace period set by the Lessor, the Company shall also be entitled to withdraw from the contract.
5.3 Furthermore, the landlord is entitled to withdraw from the contract for good cause, in particular if - force majeure or other circumstances beyond the landlord's control (including coronavirus measures or the loss of staff or management) make fulfillment of the contract impossible; - properties are culpably booked under misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay, the purpose of the stay, or the incorrectly stated number of guests may be important factors in this regard; - the landlord has reasonable grounds to believe that the use of the service could endanger the smooth operation of the business, the security, or the public reputation of the landlord, without this being attributable to the landlord's sphere of control or organization; - the purpose or reason for the stay is illegal; - there is a violation of the above-mentioned section 1.2.
5.4. The justified withdrawal of the lessor does not give rise to any claim for damages on the part of the customer.
6. PROPERTY PREPARATION, HANDOVER AND RETURN
6.1. The customer acquires a right to the provision of certain objects.
6.2. Booked properties are available to the customer from 3:00 PM on the agreed arrival date. The customer has no right to earlier availability.
6.3. On the agreed departure date, the property must be vacated and returned to the landlord in a tidy condition by 10:00 a.m. at the latest, i.e., it must be made available according to the house rules (washed dishes returned to the cupboard, beds and duvets made, all towels collected in the shower, and trash properly disposed of in the provided bins). After that, the landlord may charge a fee of €50 for the delayed vacating of the apartment for use beyond the contractually agreed upon period. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the company has no or a significantly lower claim to a usage fee.
7. LIABILITY OF THE LANDLORD
7.1. The landlord is liable for damages resulting from injury to life, body, or health for which he is responsible. Furthermore, he is liable for other damages resulting from an intentional or grossly negligent breach of duty by the landlord or from an intentional or negligent breach of typical contractual obligations for the holiday property. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the company is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided in this Section 7. Should disruptions or defects in the services of the apartment rental occur, the landlord will endeavor to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obligated to make a reasonable effort to remedy the disruption and minimize any potential damage.
7.2. The landlord is not liable to the customer for items brought into the premises in accordance with statutory provisions.
7.3. If a parking space is made available to the customer on the property's parking lot, even for a fee, this does not constitute a storage contract.
10. FINAL PROVISIONS
10.1. Changes or additions to the contract, the acceptance of the application, or the General Terms and Conditions must be made in writing. Unilateral changes or additions are invalid.
10.2. Place of performance and payment as well as exclusive place of jurisdiction – also for check and bill disputes – in commercial transactions is: FeWo-Karo.de / Owner: Karolyi / Alte Berchtesgadener Straße 42 / 83487 Marktschellenberg / Place of jurisdiction: District Court of Bad Reichenhall Telephone: 08650 9848789 / Email: FeWoKaro@gmail.com If the customer meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Bad Reichenhall.
10.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.4. In accordance with the legal obligation, the lessor points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/ However, the lessor does not participate in dispute resolution proceedings before consumer arbitration boards.
10.5. In all other respects, the German Accommodation Regulations and common sense or the friendly will for harmonious coexistence apply.
10.6 European Commission online dispute resolution platform: http://ec.europa.eu/consumers/odr/ You can contact the responsible consumer arbitration board as follows: General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl, www.verbraucher-schlichter.de
Stand: 01.03.2025
Marktschellenberg
