Terms and Conditions
Based on the model rental agreement of the German Tourism Association (Deutscher Tourismusverband), April 2020.
§ 0 Scope
These Terms and Conditions apply to contracts between the owners of Chalet Zugspitze and the customer regarding the rental of the holiday home.
§ 1 Rental Property
a) The holiday home “Chalet Zugspitze” at Friederweg 8 in Grainau, Germany is being rented. The floor plan provides a rough sketch of the parking spaces and the layout of the furnishings in each room. The actual furniture is shown in the photos.
b) The holiday home is rented with the amenities shown in the images on the website. The equipment shown in the images constitutes the inventory list.
c) The size of the rental property is approximately 200 sqm. The maximum occupancy is 8 adults and 5 children (up to 16 years).
d) For security purposes, a camera is installed on the property, covering only parts of the front garden, in particular the garage and driveway. It can be deactivated upon request for the duration of the stay, if the tenant requests this.
e) The rented property may only be used for holiday purposes and only by the maximum number of persons specified in the rental agreement, unless otherwise expressly agreed. In particular, it is pointed out that the house may not be used for parties or celebrations with loud music and/or non-registered guests. Bachelor parties, graduation celebrations, birthday parties, etc. are explicitly prohibited.
§ 2 Rental Period and Contract Conclusion
a) The holiday home is rented for the period specified in the booking.
b) The rental agreement is concluded upon confirmation of the booking.
§ 3 Rental Price and Additional Costs
a) The prices stated in the booking apply.
b) The agreed rental price includes all flat-rate ancillary costs (e.g. water, electricity, heating).
§ 4 Deposit, Down Payment and Payment
a) A deposit of 30% of the total amount is due upon booking. The remaining 70% is due no later than 4 weeks before arrival. For bookings made less than 4 weeks before arrival, the full amount is due upon booking.
b) A security deposit of €900 is required to cover possible damages to furnishings and equipment. The deposit must be transferred together with the final payment no later than 4 weeks before arrival and does not accrue interest. It will be refunded within one week after departure, minus any deductions communicated in advance.
c) Payments must be transferred to the following bank account:
Account holder: Isabella and Joachim von Hoyningen-Huene
Bank: Kreissparkasse München Starnberg Ebersberg
IBAN: DE60 7025 0150 0029 8928 17
Payment reference: Your booking code
d) If payments are not received on time, the landlord reserves the right to withdraw from the contract after issuing a reminder with a deadline. In this case, the tenant is liable for compensation of incurred costs and lost profit. Cancellation fees according to § 7 may apply.
§ 5 Arrival and Departure
a) The landlord provides access to the chalet/apartment from 4:00 p.m. on the day of arrival. Ideally, check-in takes place between 4:00 p.m. and 6:00 p.m. The tenant must inform the landlord of the expected arrival time, especially if arriving after 6:00 p.m.
b) On the day of departure, the property must be vacated by 10:00 a.m. in a clean (broom-swept) condition. Dishes must be washed, and trash bins emptied. Waste separation must be observed.
§ 6 Inventory List and Tenant Obligations
a) Upon arrival, the tenant must check the property for completeness and usability. Any missing items or defects must be reported to the landlord (or designated contact person) no later than the day after arrival.
b) The tenant must treat the property, furnishings, and inventory with care. The tenant is liable for damages caused by themselves, accompanying persons, or visitors. On terraces, in and around the whirlpool and sauna, only plastic cups are allowed. Improper waste separation may incur a minimum fee of €100.
c) Any damage occurring during the stay must be reported immediately. Failure to report may result in liability for consequential damages.
d) Waste, ash, and harmful liquids must not be disposed of in sinks or toilets. Blockages caused by improper use will be charged to the responsible party.
e) In case of malfunctions, the tenant must take reasonable steps to help mitigate damage.
f) The maximum occupancy must not be exceeded. Violations may result in immediate termination of the contract and cancellation fees according to § 7.
§ 7 Cancellation by the Tenant
a) The tenant may cancel the contract before arrival in writing. The date of receipt is decisive.
b) Cancellation fees:
– Up to 6 months before arrival: 30% of total price (deposit)
– 6 months to 4 weeks before arrival: 50% of total price
– Less than 4 weeks to 1 day before arrival: 90% of total price
– No-show or early departure: only tourist tax is refunded
c) The tenant may prove that no or significantly lower damage occurred.
d) A replacement tenant may be proposed but is subject to landlord approval. Both tenants remain jointly liable for payment obligations.
Travel cancellation insurance is recommended.
§ 8 Termination Rights
a) Ordinary termination is excluded.
b) Extraordinary termination for good cause is permitted under §§ 543, 569 BGB.
§ 9 Termination Rights of the Landlord
a) The landlord may terminate the contract in case of significant breach of contract or house rules after warning. Immediate termination is possible in serious cases. The rental price remains payable.
b) Legal provisions for extraordinary termination remain unaffected.
§ 10 Termination Rights of the Tenant
a) The tenant may terminate the contract if the landlord fails to provide contractual use of the property.
b) Legal provisions for extraordinary termination remain unaffected.
§ 11 Liability of the Landlord
a) The landlord is responsible for correct property description and contractual performance. In case of defects in whirlpool or sauna, repair will be initiated immediately. If not usable within 24 hours, compensation of €200 will be granted for the stay. Strict liability under § 536a BGB is excluded.
b) The tenant must report defects immediately or lose related claims.
c) Liability for damages is limited to intent, gross negligence, or essential contractual obligations.
§ 12 WLAN Use
a) The tenant is responsible for all internet usage. Illegal use, copyright violations, and file sharing are prohibited.
b) The tenant indemnifies the landlord against third-party claims arising from misuse.
§ 13 Pets
Pets are only allowed with prior explicit permission from the landlord and may be revoked in case of issues. The tenant is liable for any damage caused.
§ 14 Applicable Law and Jurisdiction
a) German law applies.
b) Jurisdiction is the place of accommodation.
c) For certain cases, the landlord’s residence is agreed as exclusive jurisdiction.
§ 15 Amendments and Severability Clause
a) Amendments must be made in writing.
b) If any provision is invalid, the remainder remains unaffected.