Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal for Consumers
4. Rental Property
5. Arrival and Departure Times, Key Handover
6. Rent and Payment Terms
7. Security Deposit
8. Use of the Rental Property, Transfer of Use to Third Parties
9. Obligations of the Tenant
10. House Rules
11. Changes to the Rental Property
12. Landlord's Maintenance Obligation, Tenant's Rights in Case of Defects
13. Contractual Right of Withdrawal
14. Liability
15. Contract Term, Termination of the Tenancy
16. Vacating the Rental Property
17. Applicable Law
18. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "T&Cs") of Sandra Zöllner, trading as „Boddenglück Ferienvermietung“ (hereinafter "Landlord"), apply to all rental agreements concluded between a consumer or business (hereinafter „Tenant“) and the Landlord regarding the rental properties presented on the Landlord's website. Any terms and conditions of the Tenant are hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 A business within the meaning of these T&Cs is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The rental properties described on the Landlord's website do not constitute a binding offer by the Landlord, but instead serve to invite the Tenant to submit a binding offer to conclude a rental agreement.

2.2 The Tenant may submit the offer via the online booking form integrated into the Landlord's website. By clicking the button that completes the booking process, the Tenant submits a legally binding contractual offer for the selected rental property.

2.3 The Landlord may accept the Tenant's offer within five days,

• by sending the Tenant a written booking confirmation or a booking confirmation in text form (fax or email), whereby receipt of the booking confirmation by the Tenant is decisive, or
• by requesting payment from the Tenant following their booking.

If several of the above alternatives occur, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Tenant sends the offer and ends at the end of the fifth day following the sending of the offer. If the Landlord does not accept the Tenant's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Tenant is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the Landlord's online booking form, the contract text is stored by the Landlord after conclusion of the contract and sent to the Tenant in text form (e.g., email, fax, or letter) after the Tenant has sent their contractual declaration. The Landlord does not make the contract text accessible beyond this.

2.5 Before submitting a binding booking via the Landlord's online booking form, the Tenant may continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding booking is made and can also be corrected there using the usual keyboard and mouse functions.

2.6 German is available as the language for the conclusion of the contract.

2.7 Booking processing and contact generally take place via email and automated booking processing. The Tenant must ensure that the email address provided for booking processing is correct, so that emails sent by the Landlord can be received at that address. In particular, when using spam filters, the Tenant must ensure that all emails sent by the Landlord or by third parties commissioned by the Landlord to handle the booking can be delivered.

3) Right of Withdrawal for Consumers

No right of withdrawal exists for contracts for the provision of services in the field of accommodation for purposes other than residential purposes, where the contract provides for a specific date or period of performance.

4) Rental Property

The rental property is the holiday apartment or holiday house shown in the respective property description on the Landlord's website, with the rooms and furnishings described therein, in the location described therein.

5) Arrival and Departure Times, Key Handover

5.1 Arrival and departure times are shown in the respective property description on the Landlord's website. Deviating arrival and departure times may be individually agreed with the Landlord, where applicable subject to an additional charge in the case of early arrival or late departure.

5.2 The key to the rental property is handed over to the Tenant upon arrival by the Landlord or a third party authorized by the Landlord, at the location previously agreed with the Landlord.

6) Rent and Payment Terms

6.1 The rent covers the remuneration for the provision of the rental property as well as for its maintenance and repair.

6.2 Ancillary costs for water, electricity, car parking space, and waste disposal are not charged separately.

6.3 Adjustments and/or modifications to the rental property made at the Tenant's request are to be remunerated separately, unless they are necessary for the maintenance or repair of the rental property or to ensure its use as agreed under the contract.

6.4 The rent is payable in advance for the entire contract term, unless otherwise agreed.

6.5 The payment methods described on the Landlord's website are available to the Tenant for payment of the rent.

7) Security Deposit

7.1 To secure its claims, the Landlord reserves the right to require a security deposit from the Tenant in the form of a sum of money, the amount of which is stated in the offer on the Landlord's website. The deposit must be paid by the Tenant in advance, in the same manner as the rent.

7.2 If the Tenant leaves the rental property in proper condition at the end of the tenancy and no inventory is missing, the Landlord will repay the deposit paid by the Tenant within seven calendar days. The Landlord may use the same payment method for the repayment of the deposit that the Tenant used to pay the deposit.

7.3 If the Tenant does not leave the rental property in proper condition, or if part of the inventory is missing, the Landlord will retain the corresponding amount from the deposit to cover its damages, provided the Tenant is responsible for this. The Landlord reserves the right to assert a higher claim for damages if the deposit is insufficient to cover the damage.

8) Use of the Rental Property, Transfer of Use to Third Parties

8.1 The rental property is provided for exclusive use by the Tenant and the co-occupants named by the Tenant when concluding the rental agreement. The rental property may only be used for the purposes agreed under the contract.

8.2 Without the Landlord's permission, the Tenant is not entitled to transfer use of the rental property to a third party, in particular to sublet it to a third party.

9) Obligations of the Tenant

9.1 If the Tenant's residence is abroad, they must sign a special registration form, by hand or electronically, on the day of arrival, and must identify themselves to the Landlord upon registration by presenting a valid identity document (a recognized and valid passport or passport substitute). Accompanying foreign spouses, civil partners, and minor children need only be stated by number on the registration form. For travel groups of more than ten people, the aforementioned obligation applies only to the group leader, who must state the number of foreign travelers and their nationality.

9.2 The Tenant must handle the rental property with care and protect it from damage. The Tenant will follow the Landlord's maintenance, care, and usage instructions to the extent reasonable. Furnishings and fittings may not be removed, altered, or rendered unusable.

9.3 The Tenant must keep the key to the rental property safe and return it to the Landlord or a third party authorized by the Landlord after the end of the tenancy. If the key is lost, the Tenant must inform the Landlord immediately and cooperate to the best of their knowledge in clarifying the matter.

10) House Rules

The Tenant must observe the house rules applicable to the rental property provided by the Landlord. These will be made known to the Tenant at the latest at the start of the tenancy, at the rental property.

11) Changes to the Rental Property

11.1 The Landlord is entitled to make changes to the rental property, provided these serve its preservation. Improvement measures may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rental property. The Landlord must inform the Tenant of such measures in good time in advance. Any expenses incurred by the Tenant as a result of these measures must be reimbursed by the Landlord.

11.2 Changes and additions to the rental property by the Tenant require the Landlord's prior consent. Upon return of the rental property, the Tenant must restore it to its original condition upon the Landlord's request.

12) Landlord's Maintenance Obligation, Tenant's Rights in Case of Defects

12.1 The Landlord is obliged to keep the rental property in a condition suitable for contractual use for the duration of the tenancy and to carry out the necessary maintenance and repair work. The corresponding measures will be carried out at regular maintenance intervals as well as when defects, faults, or damage occur. The Landlord must be granted the access to the rental property required for this purpose.

12.2 The Tenant must notify the Landlord immediately of any defects, faults, or damage that occur.

12.3 Defects will be remedied by free rectification or repair of the rental property. The Landlord must be given a reasonable period of time for this. With the Tenant's consent, the Landlord may replace individual components of the rental property for the purpose of remedying defects. The Tenant will not unreasonably withhold consent to this.

12.4 Termination by the Tenant pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) due to failure to grant contractual use is only permissible once the Landlord has been given sufficient opportunity to remedy the defect and this has failed. Remediation of a defect is deemed to have failed only if it is impossible, if it is refused by the Landlord or unreasonably delayed, if there are justified doubts as to its prospects of success, or if unreasonableness for the Tenant exists for other reasons.

12.5 The Tenant's rights in respect of defects are excluded to the extent that the Tenant makes or has made changes to the rental property without the Landlord's consent, unless the Tenant proves that the changes have no effects on the analysis and remedying of the defect that are unreasonable for the Landlord. The Tenant's rights in respect of defects remain unaffected if the Tenant is entitled to make changes, in particular in the exercise of the right of self-remedy pursuant to Section 536a (2) BGB, and these are carried out properly and documented in a comprehensible manner.

13) Contractual Right of Withdrawal

13.1 Before the start of the tenancy, the Tenant may withdraw from the contract at any time by a declaration made to the Landlord in text form. If the Tenant exercises this right of withdrawal, they are obliged to pay the following flat-rate compensation to the Landlord:

• Withdrawal up to the 60th day before the start of the tenancy: 40% of the total rent,
• 59th–30th day before the start of the tenancy: 70% of the total rent,
• 29th–15th day before the start of the tenancy: 90% of the total rent,
• 14th–0 day before the start of the tenancy: 100% of the total rent (no refund).

13.2 The date of receipt of the withdrawal declaration by the Landlord is decisive for the running of these periods.

13.3 The Tenant is permitted to prove that no claim for compensation arose at all, or that the compensation is substantially lower than the flat rate.

14) Liability

14.1 The Landlord's strict (no-fault) liability under Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

14.2 In all other respects, the Landlord is liable to the Tenant, on any contractual, quasi-contractual, and statutory grounds, including tort, for claims for damages and reimbursement of expenses, as follows:

14.2.1 The Landlord is liable without limitation, on any legal grounds,

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise agreed in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

14.2.2 Where the Tenant is a consumer domiciled in Germany or a business, the following limitations of liability apply:

If the Landlord negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation under the preceding clause. Material contractual obligations are obligations whose fulfillment makes the proper performance of the contract possible in the first place, whose breach would jeopardize the achievement of the purpose of the contract, and on whose observance the Tenant may regularly rely. In all other respects, the Landlord's liability is excluded, unless it is liable without limitation under the preceding clause.

14.2.3 The above liability provisions also apply with regard to the Landlord's liability for its vicarious agents and legal representatives.

15) Contract Term, Termination of the Tenancy

15.1 The tenancy is concluded for a fixed term and ends automatically upon expiry of the agreed rental period. The rental period is communicated to the Tenant on the Landlord's website.

15.2 The tenancy begins with the handover of the rental property to the Tenant.

15.3 The Tenant's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 BGB due to failure to grant contractual use, as well as each party's right to extraordinary termination for good cause, remain unaffected.

15.4 Termination must be in text form (e.g., email) to be effective.

16) Vacating the Rental Property

16.1 At the end of the contractual relationship, the Tenant must leave the rental property in proper condition. Personal belongings of the Tenant must be removed, household waste disposed of in the containers provided, and dishes must be cleaned and stored in the kitchen cupboards.

16.2 The Tenant must reimburse the costs of restoration for damage or defects to the rental property and/or its inventory for which the Tenant is responsible.

16.3 If the agreed rental period is exceeded, the Tenant is obliged to pay the Landlord an amount corresponding to the agreed rent for each day of the overrun. The Landlord expressly reserves the right to assert further damages beyond this.

17) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

18) Alternative Dispute Resolution

The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.