GTC

GENERAL TERMS AND REGULATIONS

§1 SCOPE OF APPLICABILITY OF TERMS AND REGULATIONS

(1) These terms and conditions govern contracts for the rental use of apartments/holiday apartments (rental unit) for lodging purposes, as well as all other goods and services rendered by the guest by the provider. The provider’s services are governed exclusively by these General Terms and Regulations.
(2) The provider’s prior consent in writing is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes.
(3) The customer’s general terms and conditions shall apply only if these are previously expressly agreed.

§2 BOOKING/BOOKING CONFIRMATION/PRICES

Please enter your preferred booking in the form or contact us directly via info@bader-suites.de or phone.
You will receive a booking confirmation e-mail, containing the reserved period and a specification of the costs. The booking is valid upon receipt of a down-payment (see §3).
The agreed prices include all taxes and local taxes in effect at the time of conclusion of the contract. They do not include locally levied taxes, which are owed by the guest according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

§3 TERMS OF PAYMENT

To secure the booking, a down-payment of 30% of the total amount is to be transferred to the provider’s account upon receipt of the booking confirmation. The remainder is to be paid no later than 7 days prior to arrival, and immediately in case of bookings at short notice. Any incidental expenses, especially for transfers from foreign accounts, are to be paid by the customer. Transfer fees are to be paid by the customer, i.e. the full amount is to be paid to the provider’s account free of expenses.

§4 ARRIVAL AND DEPARTURE

You can check into your booked rental unit from 3.00 PM on the day of your arrival. You cannot claim compensation in the unlikely case that the rental unit is not available at 3.00 PM.
You have to vacate the rental unit by 10.00 AM on the day of your departure. Late check-out may incur additional costs. The rental unit has to be swept clean; crockery, drinkware etc. have to be cleaned and put away; garbage bins and fridges have to be emptied. We reserve the rights, to charge a late departure as well as an additional cleaning costs.
You will be provided with a key that will be sent directly to your smartphone. In order to use it you will have to open the “STRAIV” webside in the internet, which is free of charge.
In case of (contactless) departure (e.g. using the provided key/system) the rental unit will be inspected by the landlord after departure. If there are no claims regarding faulty or missing inventory within two hours of arrival, the soundness of the rental unit as well as the inventory list are deemed as approved.

§5 APARTMENTS/HOLIDAY APARTMENTS (SUBSEQUENTLY RENTAL UNIT)

The rental unit will be handed over by the landlord in a neat and clean condition with complete inventory. Should defects exist or occur during the rental period, the landlord is to be informed immediately. The tenant is liable for the damage caused to the rental object, the inventory (e.g. broken dishes,) damage to the floor or furniture. This includes the cost for lost keys.
The inventory is to be treated carefully and carefully and only for the whereabouts in the apartment. The adjustment of furnishings, especially beds, is prohibited. The tenant is also liable for any damages caused by fellow travellers. Damages caused by force majeure are excluded. In case of breach of contract, such as subletting, overcrowding, disturbance of peace, etc., as well as non-payment of the full rental price, the contract can be terminated by the landlord without notice. The amount paid remains with the landlord.
In case of an existing liability insurance, damages are to be reported to the insurance company. Name and address, as well as insurance number are to be reported to the landlord.
Final cleaning of the rental unit is organized by the landlord and is included in the original price. Any damages or staining may be rectified by a contractor of the landlord’s choice without prior notification at the tenant’s expense. Furthermore, the tenant bears all costs for repairs, replacements, special treatments and operational failures that are the consequence of damages caused by the tenant and/or his party. The tenant is liable for any damages and additional cleaning costs caused to the property and/or inventory by himself, his party or visiting guests by non-adherence to the non-smoking regulations in accordance with § 278 of the German Civil Code..
Damages to the rental unit, missing inventory or damages to public spaces and/or their inventory will be deducted from the credit card or any other payment type provided by the guest for the initial booking.
The apartments are equipped with the following inventory:

INVENTORY LIST – DOWNLOAD PDF

The inventory is to be checked immediately and no later than two hours within arrival. Missing items are to be reported immediately otherwise the customer will bear the full costs for any items missing upon his departure.
The customer may not take any furniture or equipment, including towels, from the rental unit. Failure to comply with this will lead to a police report and to compensation claims according to civil law.

§6 Pets

The accommodation of pets of any kind in the apartment is only allowed with the provider’s written consent. The provider will charge a reasonable surcharge for the accommodation of pets. If animals are accommodated without the provider’s prior consent, he can charge a cleaning fee of up to 150.00 € (net).

§7 Visit

The apartment may only be used by the persons listed in the booking. If the apartment is used by more than the agreed number of people, an extra fee is applicable. In such a case, the landlord has the right to terminate the lease without notice. Subletting and transfer of the rental unit to third parties is prohibited. The lease may not be passed on to third parties.
The tenant agrees to the general terms and conditions as well as the Bader Suites house rules. Consent is given with the payment.
In case of violations of the general terms and conditions or the house rules, the landlord is entitled to terminate the lease immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.

§8 CANCELLATION

Should you have to cancel your stay, you will be charged as following:

Rack rate:

Up to 30 days prior to arrival: Cancellation free of charge
29 to 7 days prior to arrival: 30 % of the full price
7 days or less prior to arrival: 90 % of the full price

Non refundable rate:

90 % of the full amount will be charged

Any cancellation has to be submitted in writing.

§9 CANCELLATION BY THE LANDLORD

In the event of cancellation by us, as a consequence of force majeure or other unforeseen circumstances (such as in the event of accident or illness of the host) and other circumstances beyond our control that make fulfillment impossible, liability is limited to the reimbursement of costs. In the case of justified cancellation, the customer has no right to claim for damages – liability for travel and hotel costs will not be assumed. A resignation by the landlord without notice after the beginning of the lease is possible if the tenant persistently disturbs other tenants despite warning or behaves in breach of contract to such an extent that the immediate cancellation of the lease is justified.

§10 LIABILITY OF THE LANDLORD

The landlord is liable for the proper provision of the rental property within the framework of due diligence of a proper businessman. This excludes liability for possible failures or disturbances in water or electricity supply, as well as events and consequences of force majeure.

§11 USE OF INTERNET VIA WI-FI

§11.1. PERMISSION TO USE INTERNET ACCESS VIA WLAN
The landlord offers internet access via WI-FI to allow the tenant free access to the internet for the duration of his stay. The tenant does not have the right to allow third parties to use the WI-FI. The landlord does not warrant the actual availability, suitability or reliability of the internet access for any purpose. He is entitled to permit the use of the WI-FI to other users, either completely, partially or temporarily, and/or restrict the tenant’s access completely, partially or temporarily, or exclude the tenant in case of misuse of the connection, at any time, if he may fear and cannot prevent claims with usual and reasonable effort in a timely manner. In particular, the landlord reserves the right to block access to certain pages or services accessed via WI-FI (for example violent, pornographic or paid sites) at his sole discretion and at any time.

§11.2. ACCESS DATA
Use is by means of access security. The access data (password) may under no circumstances be passed on to third parties. If the tenant intends to grant third parties access to the internet via WI-FI, this shall be subject to the prior written consent of the landlord and the acceptance of the provisions of this user agreement by the third party documented by signature and complete identification. The tenant undertakes to keep his access data confidential. The landlord has the right to change access codes at any time.

§11.3. DANGERS OF WI-FI USE, LIMITATION OF LIABILITY
The tenant is advised that the WI-FI only grants access to the internet, whereas there is no virus protection and firewall available. The traffic generated by using the WI-FI is unencrypted. The data may therefore be viewed by third parties. The landlord expressly points out that there is a risk that malicious software (such as viruses, Trojans, worms, etc.) may reach the terminal when using WI-FI. Use of the WI-FI is at the tenant’s/user’s own risk. The landlord assumes no liability for damage to the tenant’s digital media caused by the use of the internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.

§11.4. RESPONIBILITY AND INDEMNIFICATION OF CLAIMS
The tenant is responsible for the data transmitted and for paid services used via WI-FI as well as unfulfilled legal transactions. If the tenant visits paid websites or incurs liabilities, the resulting costs are borne by him. He is obliged to comply with the applicable laws when using the WI-FI. This applies in particular as follows:

The WI-FI may not be used to retrieve or distribute immoral or unlawful content;
To not unlawfully reproduce, distribute or make accessible any copyrighted goods;
This applies in particular in connection with the use of file-sharing programs;
Adhere to applicable youth protection regulations;
To not send or distribute harassing, defamatory or threatening content;
And to not use the WI-FI to send bulk messages (spam) and/or other forms of improper advertising;
The lessee indemnifies the rental unit’s landlord from any damages and claims by third parties that are based on illegal use of the WI-FI by the tenant and/or a violation of this agreement. This also extends to costs and expenses arising from their use or defense. If the tenant recognizes or must realize the existence or threat of such a breach of law and/or, he has to notify the landlord.

§12 HOUSE RULES, GENERAL TERMS AND DUTIES

(1) The guest is obliged to comply with the house rules. Nighttime peace applies from 10.00 PM to 7.00 AM, during which time TV and audio equipment must be set to room volume in order not to disturb the other guests.
(2) For the duration of the lease of the rental unit, the guest is required to close windows and doors upon leaving the rental unit.
(3) The owner of a pet has to make sure that the pet does not relieve itself in the garden or general outside area.
(4) There is a general smoking ban in the rental unit. In case of contraventions, the provider may charge a cleaning fee of up to 250.00 € (net).
(5) You may not wash and/or dry your laundry in the rental unit. If required you may use the laundry room at a cost of 5.00 € per load incl. washing powder. You may not hang your laundry to dry on the balcony or terrace but may use the tumble drier at your own risk. The provider is not held liable for forgotten, lost, discolored or otherwise damaged items. After use, the devices have to be left in proper and clean condition for use by other tenants.
(6) Our parking garage provides one parking spot per rental unit. Additional vehicles can only be parked outside with prior written consent by the provider. Please note that entry to the parking garage is only possible for vehicles with a maximum height of 2.5 m.
bietet einen PKW-Stellplätz pro Mieteinheit.
(7) Any kind of ball sports in the outside area/garden is prohibited.
(8) The use of the playground is allowed for children up to 14 years of age and happens at own risk. Parents are liable for their children.
(9) The installation and/or attachment of materials for decoration or similar is not allowed in the apartment. The tenant is liable for any installed and/or attached decoration or similar and keeps the landlord indemnified against any claims by third parties. He is furthermore obliged to compensate for damage caused by the installation and/or attachment of decoration or similar.
(10) The provider has a permanent right of access to the rental unit, especially in case of imminent danger making sure that the interests of the guest are protected in such a case. The provider will inform the guest about the exercise of said right of access in advance, unless this is unreasonable or impossible in the circumstances of the individual case.
(11) Video surveillance
The landlord informs the tenant about the use of video surveillance for safety purposes in common areas of the building. The guests expressly consents to the use of video surveillance in the following areas: Underground parking, gym, laundry room, ski/bike depot and hallways. The use of video surveillance serves the purpose of protecting the proprietor from intrusion as well as protecting the customer from unlawful conduct by third parties by recording such conduct. The recorded data will be stored for a maximum of 14 days and will be deleted if it proves to be useless.
The landlord points out that some of the common rooms are video-monitored for your own safety.
(12) The landlord reseves the right to charge a deposit from guests. The landlord decides on the amount of deposit!


§13
Written form Agreements other than listed in this contract do not exist. Verbal agreements were not made. The terms and conditions are deemed accepted with the transfer of the down-payment.

§14 SEVERABILITY CLAUSE

Should one or more provisions of these terms and conditions become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one, which comes closest to the economic purpose pursued by the ineffective provision.

§15 JURISDICTION

The district court of Garmisch-Partenkirchen is responsible for any disputes arising from the contractual relationship.