Please note that these Terms and Conditions are translated for your convenience only. Contractually relevant is only the German version.
General Terms and Conditions
Based on the sample rental agreement of the German Tourism Association from April 2020.
§ 0 Scope of Application
These General Terms and Conditions (GTC) apply to contracts between the owners of Chalet Zugspitze and the customer regarding the temporary rental of the vacation home.
§ 1 Rental Object
a) The vacation home “Chalet Zugspitze” located at Friederweg 8 in Grainau, Germany, is rented. The floor plan outlines the parking spaces and also roughly the furnishings of the individual rooms. The actual furniture can be seen in the pictures.
b) The vacation home is rented with the furnishings shown in the pictures on the website. The furnishings depicted in the pictures constitute the inventory list.
c) The size of the rental premises is approximately 200 sqm. The maximum occupancy is 8 adults and 5 children (up to 16 years).
d) For safety reasons, there is a camera on the property that records only parts of the front yard and, in particular, the garages and driveway of the vacation home. This can be deactivated for the duration of the stay upon the tenant’s request.
e) The rented vacation home may be used by the tenant exclusively for vacation purposes and only with the maximum number of persons specified in the rental agreement, unless expressly agreed otherwise between the contracting parties. It is expressly pointed out that the house may not be used for parties/celebrations with loud music and/or nonresident guests. In particular, bachelor parties, graduation celebrations, birthday parties, etc. are explicitly prohibited.
§ 2 Rental Period and Conclusion of Contract
a) The vacation home is rented for the period according to the booking.
b) The rental agreement for the vacation home is conclusively formed through the booking.
§ 3 Rental Price and Additional Costs
a) The price information according to the booking is agreed upon.
b) The agreed rental price includes all flatrate additional costs (e.g., for water, electricity, heating).
§ 4 Down Payment, Security Deposit, and Payment
a) The down payment is 30% of the total amount and is due upon booking. 70% are due no later than 4 weeks before arrival. If the booking is made less than 4 weeks before the start of the trip, the total amount is due upon booking.
b) The security deposit is agreed as collateral for the provided furnishings and equipment and amounts to €900. The deposit must be transferred together with the final payment (total amount minus down payment) no later than 4 weeks before arrival and is noninterestbearing. The deposit will be refunded within one week after departure, minus any deductions that will be communicated beforehand, to the tenant’s account.
c) Payments are to 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 Reference: Your booking code
d) If the down payment or final payment does not reach the landlord 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 obligated to compensate for the expenses incurred and the lost profit. The tenant may be charged cancellation fees in accordance with § 7.
§ 5 Arrival and Departure
a) The landlord provides the chalet or apartments on the day of arrival from 4:00 p.m. Ideally, checkin takes place between 4:00 p.m. and 6:00 p.m. The tenant shall inform the landlord of the expected arrival time on the day of arrival — especially if the tenant will arrive after 6:00 p.m.
b) The tenant must vacate the rental property and hand it over to the landlord no later than 10:00 a.m. on the day of departure in a broomclean condition. The tenant must wash the dishes and empty the wastebaskets and trash cans before departure. Please observe the waste separation rules.
§ 6 Inventory List and Tenant Obligations
a) Immediately after arrival, the tenant shall inspect the vacation home regarding completeness and usability of the furnishings. The tenant is obligated to report any missing items and any defects discovered to the landlord (or the contact person designated by the landlord) no later than the day following arrival.
b) The tenant must treat the rental premises, furnishings, and inventory with care and diligence. If the tenant culpably damages furnishings, rental premises, or the building, as well as facilities belonging to the rental premises or the building, he is liable to the landlord within the framework of statutory provisions. This applies only if and insofar as the damage was culpably caused by the tenant, his companions, or visitors. It is expressly pointed out that only plastic cups are allowed on the terrace, in and around the whirlpool, and in the sauna to avoid injuries from broken glass and damage to the whirlpool. It is also expressly pointed out that waste separation must be carried out carefully. In case of insufficient separation, we charge at least €100 for disposal of mixed waste.
c) The tenant is obligated to immediately report any damages occurring in the rental premises during the rental period — insofar as he does not have to remedy them himself — to the landlord. If the tenant fails to report damages in time and consequential damages occur as a result, the tenant is liable for these within the framework of statutory provisions.
d) The tenant is obligated not to dispose of waste, ashes, harmful liquids, or similar substances in sinks, drains, or toilets. If the tenant disregards this and blockages occur in the wastewater pipes as a result, the tenant must bear the repair costs.
e) If malfunctions occur in facilities or equipment of the rental property, the tenant must do everything reasonably possible to help remedy the malfunction or minimize any resulting damage.
f) The tenant must comply with the maximum occupancy. If the tenant disregards this provision and exceeds the maximum occupancy agreed in this contract, the landlord may issue an extraordinary immediate termination. In this case, the tenant may be charged cancellation fees in accordance with § 7.
§ 7 Withdrawal by the Tenant
a) The tenant is entitled to withdraw from the rental agreement before the start of the rental period by declaring withdrawal to the landlord in text form. The time at which the declaration is received by the landlord is decisive.
b) In the event of withdrawal from the rental agreement, the tenant must pay a flatrate compensation for expenses already incurred by the landlord and for lost profit in the following amounts:
- up to 6 months before arrival, the down payment of 30% of the total amount is charged.
- < 6 months to 4 weeks before arrival, 50% of the total amount is charged.
- < 4 weeks to 1 day before arrival, 90% of the total amount is charged.
- In case of nonarrival/noshow or early departure, only the visitor’s tax will be refunded.
c) The tenant may provide proof that no damage or significantly less damage has occurred to the landlord.
d) If the tenant withdraws from the contract, he may name a substitute tenant who is willing to enter into the contractual relationship between the tenant and the landlord. The landlord does not have to accept this and may object to the entry of the third party if justified doubts exist regarding the reliability of the substitute tenant. If a third party enters the rental agreement, both he and the previous tenant are jointly and severally liable to the landlord for the rental price. They are also liable for any additional costs incurred due to the entry of the third party. The tenant is advised to take out travel cancellation insurance.
§ 8 Right of Termination
a) There is no right to ordinary termination.
b) According to § 543 BGB and under the conditions of § 569 BGB, both contracting parties are entitled to terminate the rental agreement without notice and for good cause.
§ 9 Landlord’s Right of Termination
a) A good cause for the landlord exists in particular in the event of improper use of the rental property by the tenant (significant breach of contract) as well as significant disregard of the house rules by the tenant. This entitles the landlord, after prior warning, to extraordinary termination of the rental agreement. Termination is also justified without prior warning if the tenant behaves in such a way that immediate termination of the contract is justified. In this case, the landlord retains the right to the agreed rental price.
b) Otherwise, the statutory provisions regarding extraordinary termination without notice apply.
§ 10 Tenant’s Right of Termination
a) For the tenant, a good cause exists in particular if the landlord does not grant the tenant the contractual use of the vacation home.
b) Otherwise, the statutory provisions regarding extraordinary termination without notice apply.
§ 11 Liability of the Landlord
a) The landlord is liable to the tenant for the accuracy of the description of the rental property. Furthermore, the landlord must properly provide the contractually agreed services and maintain the rental property in a condition consistent with the contract throughout the rental period. If the tenant was aware of defects at the time of concluding this contract, he is not entitled to rights under §§ 536 and 536a BGB unless he reserved his rights when accepting the contract. It is specifically agreed that in the event of a defect in the whirlpool or sauna, the landlord will promptly arrange for repair. If the sauna and whirlpool cannot be used again within 24 hours, the landlord must compensate the tenant with a onetime payment of €200 for the duration of the stay. The strict liability of the landlord for defects existing at the time of contract conclusion (§ 536a BGB) is excluded.
b) The tenant is obligated to immediately report defects of the rental property to the landlord. If the tenant fails to report such defects, he has no claims against the landlord for nonperformance of contractual services (including no claims for rent reduction). Furthermore, he is obligated to compensate the landlord for any damage resulting from the failure to report defects.
c) The landlord’s liability for property damage is excluded unless it is based on intentional or grossly negligent breach of duty by the landlord or his vicarious agents, or on negligent breach of essential contractual obligations (socalled cardinal obligations) by the landlord.
§ 12 Responsibility and Indemnification for WLAN or WiFi Use
a) The tenant is responsible for the data transmitted via the WLAN, the paid services used through it, and the legal transactions conducted. If he visits paid websites or enters into obligations, he must bear the resulting costs. This explicitly applies to renting or purchasing videos via online media libraries. He is obligated to comply with applicable law when using the WLAN. In particular, he will not use the WLAN to access or distribute immoral or illegal content; will not unlawfully reproduce, distribute, or make available copyrighted materials; and will comply with applicable youth protection regulations. It is expressly prohibited to visit filesharing websites, especially unauthorized music and/or film downloads via the WLAN access.
b) The tenant indemnifies the landlord against all damages and claims of third parties that are based on unlawful use of the WLAN by the tenant contrary to this agreement. If the tenant recognizes or must recognize that such a violation or breach exists or is imminent, he shall inform the landlord of this circumstance.
§ 13 Keeping of Animals
Animals, especially dogs, cats, and similar, may only be kept or temporarily housed in the accommodation if expressly permitted by the landlord. The permission applies only to the individual case and may be revoked if inconveniences arise. Within the framework of statutory provisions, the tenant is liable for all damages caused by keeping animals.
§ 14 Choice of Law and Place of Jurisdiction
a) German law applies, with the proviso that if the tenant has his habitual residence abroad, he also enjoys the protection of the mandatory provisions of the law that would apply without this clause pursuant to Art. 6(2) of the Rome I Regulation.
b) The place of jurisdiction for disputes arising from this contractual relationship is the place of accommodation.
c) For lawsuits by the landlord against merchants, legal entities under public or private law, or persons who do not have a general place of jurisdiction in Germany or who, after conclusion of the contract, have moved their residence or habitual abode abroad or whose residence or habitual abode is unknown at the time the lawsuit is filed, the landlord’s residence is agreed as the exclusive place of jurisdiction.
§ 15 Amendments to the Contract and Severability Clause
a) Side agreements, amendments, and supplements to the contract as well as all legally relevant declarations require written form.
b) Should individual provisions of these General Terms and Conditions be invalid or void, the validity of the remaining provisions shall not be affected.