General terms and conditions of business

General terms and conditions for services of HOLZER Ferienwohnungen am Tegernsee, owner Katrin & Etienne HOLZER GbR, hereinafter referred to as “host”, from 01.04.2024

1. Scope
   These terms and conditions apply to all contracts for the rental of holiday apartments and other rooms of HOLZER Ferienwohnungen am Tegernsee as well as for all related other services of HOLZER Ferienwohnungen am Tegernsee. The customer's terms and conditions only apply if this has been expressly agreed in writing.
2. Conclusion and content of the contract

   Offers from HOLZER Ferienwohnungen am Tegernsee are always subject to change. The contract is concluded by written confirmation from the customer and reservation confirmation from HOLZER Ferienwohnungen am Tegernsee. Subletting or re-letting of rented rooms or areas is generally not permitted and requires the written consent of HOLZER Ferienwohnungen am Tegernsee.

   BY E-MAIL
   info@holzer-am-tegernsee.de
   Katrin & Etienne HOLZER GbR
   Lindenstrasse 4
   83700 Rottach-Egern

   Storage requires an express agreement. Reservations - including those for a customer who is a tour operator - that initially only bind HOLZER Ferienwohnungen am Tegernsee (option) are converted into firm reservations if the customer does not declare withdrawal from the reservation within the period specified in the reservation contract. If no period has been agreed for withdrawal, it can only be declared in writing up to one month before the start of the service provision. For reservations made within the cancellation period, there is no right of cancellation or free cancellation. The receipt of the cancellation notice by the host is decisive for compliance with the deadline. The customer does not acquire any right to the provision of certain rooms. If these are promised in the order confirmation but are not available, HOLZER Ferienwohnungen am Tegernsee is obliged to endeavor to find equivalent replacements in the house or in other properties. Unless otherwise agreed in writing, the holiday apartment is available from 2 p.m. on the day of arrival (check-in time). It must be vacated by 10 a.m. on the day of departure at the latest (check-out time). After that, HOLZER Ferienwohnungen am Tegernsee can charge 50% of the agreed price per day for use beyond the contract until 6 p.m. due to the late vacating of the holiday apartment, and 100% from 6 p.m. This does not give rise to any contractual claims by the customer. He is free to prove that HOLZER Ferienwohnungen am Tegernsee has no or a significantly lower claim to usage fees.

3. Car parking space
   
   If the customer is provided with an on-site parking space for a fee or free of charge, this does not constitute a storage contract. HOLZER Ferienwohnungen am Tegernsee has no duty to monitor the space. HOLZER Ferienwohnungen am Tegernsee is only liable for direct damage to vehicles that is the result of a defect that already existed when the space was provided. The damage must be claimed from HOLZER Ferienwohnungen am Tegernsee no later than when leaving the property.
4. Prices
   
   Prices are determined according to the price list valid at the time the service is provided, unless fixed prices are stated in the order confirmation. The individual prices include a holiday apartment per night with an occupancy of up to 2 people. Additional people are charged separately. Additional guests who are not listed in the reservation confirmation require the consent of HOLZER Ferienwohnungen am Tegernsee. If more than 4 months elapse between the conclusion of the contract and the provision of the service, HOLZER Ferienwohnungen am Tegernsee is authorized to increase the agreed price appropriately, but by no more than 10%. If a minimum turnover has been agreed and this is not achieved, HOLZER Ferienwohnungen am Tegernsee can claim 60% of the difference as lost profit, unless the customer can prove a lower lost profit or HOLZER Ferienwohnungen am Tegernsee can prove a higher lost profit.
5. Deposits
   
   HOLZER Ferienwohnungen am Tegernsee may request an appropriate advance payment at any time. Unless the amount of the advance payment and the payment dates are agreed otherwise in writing in the contract, 30% of the booking amount is to be paid 10 days after receipt of the reservation confirmation for each concluded contract (excluding tourist tax). For online bookings, 30% of the booking amount is to be paid immediately by credit card (excluding tourist tax). The contractual partner is obliged to pay the deposit within the agreed period. The costs for the money transaction (transfer fees) are borne by the contractual partner. The respective terms and conditions of the card companies apply to credit and debit cards. The deposit is a partial payment of the agreed fee. The remaining amount can be paid in advance by bank transfer or upon departure in cash, by EC card or by credit card (Master Card, Visa Card plus 2% fee) by the customer.

   Short stays: For bookings within 7 days, the full travel price excluding the local tourist tax is due in advance.

6. Invoice
   
   Billing is in euros. For foreign means of payment, exchange rate differences and bank charges are borne by the party obliged to pay. Fees for foreign payments amounting to €15.00 are charged to the party obliged to pay. Advance payments in foreign currencies are added to the total invoice on the day of value. Invoices are payable within 7 days of the invoice date without deductions. From the time of default, the invoice amount will accrue interest at 8% p.a. unless HOLZER Ferienwohnungen am Tegernsee can prove higher damages or the customer can prove lower damages. For each reminder after default, a reminder fee of €7 will be charged.
7. Cancellation by the customer

   Cancellations by the customer must be made in writing. In addition, the customer owes the following fee instead of the agreed contract amount:
   If cancelled between 60 and 31 days before the occupancy date, 50% of the total price excluding tourist tax
   If cancelled between 30 days and the occupancy date, 95% of the total price excluding tourist tax
   If cancelled on the day of arrival or after, in the event of a no-show or early departure, we charge 100% of the cancelled daily rate excluding tourist tax
   If a cancellation occurs before the cancellation period for which a fee is charged, the advance payment already paid will be refunded
   For bookings within the cancellation period, there is no right of cancellation or no right of withdrawal free of charge according to the statutory provisions

   The receipt of the cancellation by HOLZER Ferienwohnungen am Tegernsee is decisive for compliance with the cancellation period. All liabilities incurred for third-party services will be invoiced in full. In detail, the claim of HOLZER Ferienwohnungen am Tegernsee arises from the booking confirmation and the aforementioned percentages. The customer reserves the right to prove that the damage is lower, while HOLZER Ferienwohnungen am Tegernsee reserves the right to prove that the damage is higher.

8. Cancellation by HOLZER Ferienwohnungen am Tegernsee
   
   HOLZER Ferienwohnungen am Tegernsee is entitled to withdraw from the contract if the customer does not make an agreed advance payment even after the expiry of a reasonable grace period set by HOLZER Ferienwohnungen am Tegernsee. HOLZER Ferienwohnungen am Tegernsee is also entitled to withdraw from the contract if the customer experiences payment difficulties, has filed for insolvency at the local court or provisional insolvency proceedings are decided against the customer by the local court or insolvency proceedings are opened or rejected due to insufficient assets. Furthermore, the holiday home is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances beyond the control of the holiday home make the fulfillment of the contract impossible, accommodation and events are booked with misleading or false information about essential facts, e.g. the customer or purpose, the holiday home has reasonable grounds to believe that the accommodation and/or event could endanger the smooth running of the business, the security or the reputation of the holiday home in public, without this being attributable to the control or organization of the holiday home or there being a violation of the above paragraph 2, sentence 3. In the event of a justified withdrawal by HOLZER Ferienwohnungen am Tegernsee, the customer has no claim to compensation. Any claims according to paragraph 12 remain unaffected.
9. Customer mail, forwarding
   
   a) Messages, mail and goods intended for the customer are handled carefully; HOLZER Ferienwohnungen am Tegernsee is responsible for storage, delivery and – if requested for a fee – forwarding.
   b) Items left behind by the customer will only be forwarded at the customer's request, risk and expense. Otherwise, HOLZER Ferienwohnungen am Tegernsee will store the items for a period of 6 weeks.
   Any liability of HOLZER Ferienwohnungen am Tegernsee according to a) - b) is excluded.
10. Pet, smoking, balcony, window, skylight and cannabis banPets are not allowed in the holiday apartments. Smoking in the holiday apartment is only permitted on the balcony or terrace with the door closed, as well as in front of the building. Please note the non-smoking notice in our holiday apartments. Otherwise we charge a special cleaning fee of €400.00 per holiday apartment. When leaving the apartments, please close all windows, electronic skylights, terraces and balcony doors. Otherwise there is a risk of liability damage or water damage. Cannabis ban: We would like to point out that from April 1st, 2024, any consumption of cannabis in our suites & apartments as well as on the entire property is prohibited by house rules.

11. Electromobility, e-bike (electric bike charging station)

    Customers have the right to use the charging station free of charge. This includes parking the electric bike in the visible parking spaces and simultaneously connecting the electric bike to the charging station using your own approved charging cable. Batteries may only be charged at the designated charging station.

    Charging of all manufacturer batteries from electric bikes is not permitted in the entire HOLZER Ferienwohnungen am Tegernsee holiday home or in the holiday apartments booked at HOLZER Ferienwohnungen am Tegernsee. There is an increased risk of explosion and fire.

    "This regulation is for the safety and protection of customers and the holiday home."

    Using the parking space without connecting the electric bike and the charging station using a charging cable is not permitted.

    The customer must always exercise the necessary care when using a charging station. Before starting to use the charging station, he must inform himself about the correct operation of the charging station and the charging point. If there are any doubts about the correct operation, the customer must first obtain sufficient information from the operator (host, HOLZER Ferienwohnungen am Tegernsee) of the charging station.

    The guest must ensure that the electric bicycle to be charged and the charging cable - unless it is permanently connected to the charging station as part of the charging station - meet the technical requirements required for the charging point and the charging process.

    Any visible damage to the charging station, in particular damage to the charging point, must be reported immediately to the operator (host, HOLZER Ferienwohnungen am Tegernsee). Charging processes must not be started if there is visible damage to the charging point/charging cable. Charging processes that have already begun must be stopped immediately. The same applies if there are visible foreign objects on or in the charging point, in particular on the socket/outlet.

12. Liability of HOLZER holiday apartments at Tegernsee
    
    HOLZER Ferienwohnungen am Tegernsee is liable for the care of a prudent businessman. Claims for damages, regardless of the legal basis, are excluded unless HOLZER Ferienwohnungen am Tegernsee is to be accused of intent or is liable for its own gross negligence or the gross negligence of its legal representatives or senior employees and other vicarious agents or the claim for damages results from the violation of essential contractual obligations. In all cases of simple negligence, liability under this is limited to the foreseeable damage typical for the contract. Liability for damages resulting from injury to life, body or health remains unaffected. HOLZER Ferienwohnungen am Tegernsee is liable for items brought in by the customer in accordance with paragraphs 701 ff. of the German Civil Code. Liability is then limited to 100 times the room price, but no more than €3,500, or €800 for money and valuables. The limitation period for all claims of the customer is 1 year, calculated from the termination of the contract. This limitation of liability and the short limitation period also apply to HOLZER Ferienwohnungen am Tegernsee in the event of a breach of contract and obligation during the initiation of the contract, positive breach of contract and unlawful acts. HOLZER Ferienwohnungen am Tegernsee is liable in accordance with paragraph 1 for damage to the customer's vehicle parked in an on-site parking space caused by the customer, his employees or agents. The customer is obliged to report such damage immediately and obvious damage in any case before leaving the on-site parking lot. HOLZER Ferienwohnungen am Tegernsee is not liable for damage that is solely the responsibility of other customers/tenants or other third parties. HOLZER Ferienwohnungen am Tegernsee is not liable in relation to customers for damage caused to third parties' legal interests by the customer's vehicle. The holiday home's liability for damages resulting from injury to life, body or health, as well as liability for intent and gross negligence, remains unaffected.
13. Customer liability
    
    The customer is liable for damage to buildings and/or inventory caused by himself, his family members or guests, event participants or visitors, employees or other third parties from his area, in accordance with the statutory provisions. It is the customer's responsibility to take out adequate insurance for such liability cases. HOLZER Ferienwohnungen am Tegernsee is entitled to request proof of appropriate insurance.
14. Final provision
    Changes or additions to the contract, including this written form clause, must be made in writing. The place of performance and payment is Rottach-Egern. The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is Miesbach. If the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction is also Miesbach. German law applies. Should individual provisions of these general terms and conditions be ineffective or void, this does not affect the effectiveness of the remaining provisions. The same applies to gaps in the contract. Otherwise, the statutory provisions apply.