Finca de Montroy

General Terms and Conditions (GTC) - "Finca de Montroy"

Landlord:

Oliver Dobrindt

Frankfurter Strasse 80

64331 Weiterstadt

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Validity of the terms and conditions
These general terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The services of the provider take place exclusively on the basis of these general terms and conditions.
The subletting or re-letting of the rented holiday apartment as well as its use for purposes other than residential require the prior written consent of the provider.
The guest's terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

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Booking / booking confirmation
If we can provide you with the finca in the desired period, you will receive a written confirmation of the booking and the invoice from us. The reservation for the finca is legally binding upon receipt of the booking confirmation and after the down payment has been made (see §3).

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Terms of payment
The deposit of 20% of the total amount is to be transferred to our account immediately after the booking confirmation. The remaining payment is due no later than 30 days before arrival. In the case of short-term bookings, immediately after receipt of the invoice.
In the event of default in payment, we are entitled to demand the respectively applicable statutory default interest in the amount of currently 5% above the base interest rate. For each reminder after the occurrence of default, the customer has to reimburse us for reminder costs in the amount of 15.00 euros. The customer bears all other costs incurred as part of the collection. The customer bears the costs of payment, especially in the case of transfers from abroad. All bank transfer fees are to be borne in full by the tenant, ie the full invoice amount is to be credited to our bank account free of charge. We only accept payments by bank transfer.

Additional costs for water, parking space, waste are not charged. The energy costs are billed according to consumption. The price per kWh is stated in the booking documents and is always currently available on the website.

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resignation
If the tenant withdraws from the rental agreement, he is obliged to pay part of the agreed price as compensation. A cancellation must be made in writing. The amount of the compensation depends on the time up to the day of arrival and is calculated as follows:

up to 60 days before the day of arrival 20% of the agreed price
up to 45 days before the day of arrival 40% of the agreed price
up to 30 days before the day of arrival 60% of the agreed price
up to 15 days before the day of arrival 80% of the agreed price

up to  8 days  90% of the agreed price before the day of arrival

If the cancellation is made less than eight days before the start of the rental period, the full travel price must be paid.

The date of receipt of your cancellation message counts in each case. Amounts already paid will be offset. You can provide a replacement person who enters into your contract under the conditions mentioned. A written notification is sufficient.

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Cancellation by the landlord
In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as an 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 event of a justified withdrawal, the customer has no right to compensation - liability for travel and hotel costs is not assumed.

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Arrival Departure

Arrival and departure times also apply to individually agreed weekdays.

The finca is available from 2 p.m. on the day of arrival. If you arrive after 8:00 p.m., this must be discussed in advance. To hand over the keys, contact us by phone or email 3-5 days before arrival. Claims for damages cannot be asserted if, in exceptional cases, the holiday home cannot be occupied punctually at 2:00 p.m.
On the day of departure, the finca must be vacated by 11.00 a.m.  Other arrival and departure times can be agreed individually with the landlord.  The landlord reserves the right to charge a late departure of more than 1 hour. If the tenant does not show up by 10 p.m. on the day of arrival, the contract is deemed to have been terminated after a period of 48 hours without notification to the landlord. The landlord or his representative can then freely dispose of the property. A (partial) repayment of the rent due to early departure will not be made.

The finca must be left swept clean on the day of departure. The dishes, glasses, etc. are to be cleaned and put away, the garbage cans emptied and the refrigerator emptied.

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Finca
The finca is handed over by the landlord in a tidy and clean condition with complete inventory. Should there be any defects or should occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused to the rental property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys.

Replacing a cylinder lock with 3 keys costs 50.00 euros.

The tenant undertakes to treat the rented items (holiday home, inventory and outdoor facilities) with care. If damage occurs to the holiday home and / or its inventory during the tenancy, the tenant is obliged to notify the landlord of this immediately. Defects and damage already discovered on arrival must be reported to the landlord immediately, otherwise the tenant is liable for this damage. A reasonable period must be allowed to remedy damage and defects. Claims based on complaints that are not reported immediately on site are excluded. Complaints received by the landlord at the end of the stay or after leaving the holiday home are also excluded from compensation. In the event of any disruptions in performance, the tenant is obliged to do everything reasonable within the scope of his legal obligation to help remedy the disruption and to keep any damage that may have occurred to a minimum. On the day of departure, the tenant must remove personal items, dispose of household rubbish in the designated containers, and store dishes clean and washed in the kitchen cupboards.

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Permission to use Internet access via WLAN
The landlord maintains internet access via WLAN in his holiday home. He allows the tenant to share the WiFi access to the Internet for the duration of his stay in the holiday property. The tenant does not have the right to allow third parties to use the WiFi.
The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to fully, partially or temporarily allow other co-users to operate the WLAN and to restrict or exclude the tenant's access completely, partially or temporarily if the connection is or has been used in an improper manner, insofar as the landlord must fear a claim and cannot prevent this with customary and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain pages or services via the WLAN at its own discretion and at any time (e.g. websites that glorify violence, pornographic or payable sites).

access data
It is used by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. If the tenant wants to grant third parties access to the Internet via the WLAN, this is dependent on the prior written consent of the landlord and the acceptance of the provisions of this user agreement by the third party, documented by means of a signature and complete identification. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

Dangers of WLAN use, limitation of liability
The tenant's attention is drawn to the fact that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the device when using the WLAN. Use of the WLAN is at your own risk and at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and / or his vicarious agents.

Accountability and indemnification from claims
The tenant is responsible for the data transmitted via the WLAN, the chargeable services used, and legal transactions that have not been carried out. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with applicable law when using the WLAN. In particular, he will:
To use the WLAN neither to retrieve nor to distribute immoral or illegal content; 
do not unlawfully reproduce, distribute or make accessible any copyrighted goods;
this applies in particular in connection with the use of file sharing programs;
observe the applicable youth protection regulations;
not send or distribute harassing, defamatory or threatening content;
Do not use the WLAN to send mass messages (spam) and / or other forms of unauthorized advertising.

The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties based on illegal use of the WLAN by the tenant and / or on a violation of the present agreement; this also extends to the use or defense thereof related costs and expenses. If the tenant recognizes or has to recognize that such a violation of the law and / or such a violation is present or threatened, he shall inform the landlord of the holiday property of this fact.

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data protection

The tenant agrees that necessary personal data will be saved, changed and / or deleted as part of the contract concluded with him. All personal data is treated with absolute confidentiality.

liability

The tender was drawn up to the best of our knowledge. We are not liable for any influence on the rental property through force majeure, customary power and water failures and storms. Likewise, there is no liability in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction sites or for disruptions due to natural and local circumstances. The landlord is happy to help you solve the problems (as far as possible). Liability on the part of the lessor for the use of the play and sports equipment provided is excluded. The arrival and departure of the tenant is at their own responsibility and liability. The landlord is not liable for personal items in the event of theft or fire. The tenant is fully liable for willful destruction or damage.

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Final provisions

Photos and text on the website or in the flyer serve as a realistic description. The 100 percent agreement with the rental property cannot be guaranteed. The landlord reserves the right to change the equipment (e.g. furniture) provided they are equivalent. Should one or more provisions of these terms and conditions be or become ineffective, this does not affect the effectiveness of the remaining conditions. The ineffective regulation is to be replaced by an effective one that comes closest to the economic and legal will of the contracting parties. German law applies. The place of jurisdiction and performance is the landlord's place of residence

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