General Terms and Conditions (GTC), Booking & Cancellation
§ 1 Definitions
§ 2 Booking/booking confirmation
§ 3 Terms of payment
§ 4 Arrival and departure
§ 5 Holiday flat and rooms
§ 6 Pets
§ 7 Stay
§ 8 Cancellation
§ 9 Cancellation by the landlord
§ 10 Liability of the landlord
§ 11 Authorisation to use Internet access via Wi-Fi
§ 11.1 Access data
§ 11.2 Risks of Wi-Fi use, limitation of liability
§ 12 House rules, general rights and obligations
§ 13 Place of jurisdiction
§ 1 Definitions
a) The term ‘Die Pension Auw’, ‘we’, ‘us’ or ‘our’ refers to Die Pension Auw, owned by Nicola Hieber. b) The term ‘Die Pension Auw’ refers to our website www.die-pension-auw.de. c) The term ‘Services’ refers to all services provided by Die Pension Auw from time to time, including but not limited to receiving booking information via our booking system, managing reservations and payments and responding to customer enquiries via our website. d) The term ‘Customer’ refers to the person who registers for a booking or creates a contact request on their own behalf. e) The term ‘Property’ refers to any form of accommodation, holiday home and room or rental space displayed by the Customer or a third party channel and offered for rental through the Services. g) The term ‘Content’ means text, graphics, images, music, software, audio, video, information or any other form of data. h) The term ‘Customer Content’ refers to content provided by the Customer in the course of using the Services, including but not limited to other information.
§ 2 Booking/booking confirmation
All booking enquiries must be made via our website www.die-pension-auw.de, by email info@die-pension-auw.de or via the booking engines provided on our website. All enquiries made via any other method such as social media channels will not be considered. If we can offer you the holiday flat and holiday room in your desired period, we will send you a written confirmation and the invoice by e-mail. Upon receipt of the booking confirmation and after payment or deposit has been made (see § 3 Terms of payment), your booking is legally binding.
§ 3 Terms of payment
Your booking is validated upon receipt of payment. Payment in the amount of 100% of the rental price is due within 7 days of receipt of the booking documents. If the payment deadlines are not met, Die Pension Auw may withdraw from the contract. Non-payment is considered a cancellation and entitles the guest to re-let the room. Additional costs for water, heating, car parking, waste, bed linen and towels are not charged. Energy costs are also included in the rental price. A cleaning fee of €50 per stay is payable additionally when renting the holiday flat.
§ 4 Arrival and departure
On the day of arrival, the holiday flat and holiday rooms are available from 3 pm. For arrivals after 8 pm, the guest must inform us in advance. The guest will receive information about the key handover by e-mail before arrival. Claims for damages cannot be asserted if the holiday flat and holiday room cannot be occupied punctually at 3 pm as an exception. On the day of departure, the flat and rooms must be vacated by 11 am. If the guest wishes to leave late, this should be agreed with us in advance. A late departure without prior agreement will be charged. If the guest does not show up by 10 pm on the day of arrival, the contract is considered cancelled after a period of 24 hours without notification to Die Pension Auw. Die Pension Auw or our representative can then freely dispose of the property. A (proportionate) refund of the rent due to early departure will not be made. The flat and the rooms are to be left swept clean on the day of departure. The crockery, glasses, etc. must be cleaned and put away, deposit bottles and glasses must be taken away accordingly and the fridge must be emptied. If the flat, rooms and kitchen are not left as requested, you may be charged for this.
§ 5 Holiday flat and rooms
The holiday flat and holiday rooms are handed over by us in an orderly and clean condition with a complete inventory. Should you notice any defects during your stay, the guest is obliged to inform us immediately. The guest is liable for any damage caused by him to the rented property, the inventory, e.g. broken crockery, damage to the floor or furniture. This also includes the cost of lost keys. The inventory is to be treated with care and is only intended to remain in the holiday flat and holiday room. Moving furnishings, in particular beds, is prohibited. The guest is also liable for the fault of fellow travellers. Damage caused by force majeure is excluded from this. In the event of use of the holiday flat and holiday room in breach of the contract, such as subletting, over-occupancy, disturbance of the peace of the house, etc., the contract may be terminated without notice and the guest must therefore leave the holiday flat and holiday room. The rent already paid remains with Der Pension Auw.
§ 6 Pets
The accommodation of pets of any kind is not permitted in the holiday flat and the holiday rooms. If pets are nevertheless accommodated, this may result in a cleaning fee of up to 500 euros.
§ 7 Stay
The holiday flat and holiday rooms may only be used by the persons listed in the booking. If the flat is used by more persons than agreed, a separate fee of € 15 / person / night must be paid. In this case, Pension Auw also has the right to cancel the contract without notice. Subletting and transfer of the flat to third parties is not permitted. The guest agrees to the general terms and conditions as well as the house rules of the holiday flat and holiday rooms. The declaration of consent is made with the payment. In the event of violations of the General Terms and Conditions or the house rules, Pension Auw is entitled to terminate the tenancy immediately and without notice. There is no legal claim to repayment of the rent or compensation.
§ 8 Cancellation
In the event of cancellation, the guest is obliged to pay part of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time until the day of arrival and is calculated as follows – up to 30 days before the day of arrival 0% of the agreed price – up to 8 days before the day of arrival 50% of the agreed price – within the week of arrival 75% of the agreed price – on the day of arrival or in the event of non-arrival 100% of the agreed price.
§ 9 Cancellation by the landlord
In the event of cancellation on our part due to force majeure or other unforeseeable circumstances (e.g. accident or illness of the host) as well as other circumstances for which we are not responsible and which make fulfilment impossible, liability is limited to reimbursement of the costs or the rental price paid to date. In the event of justified cancellation, the customer shall not be entitled to compensation – no liability shall be assumed for travel and hotel costs. Cancellation by Die Pension Auw can be made after the start of the rental period without notice.
§ 10 Liability of the landlord
Pension Auw is liable for the proper provision of the rental property within the scope of its duty of care. Liability for any failures or disruptions in water or power supply, as well as events and consequences due to force majeure are hereby excluded.
§ 11 Authorisation to use Internet access via Wi-Fi
Pension Auw maintains Internet access via WLAN in its holiday flat and holiday rooms. It allows the guest to share use of the WLAN access to the Internet for the duration of their stay in the holiday property. The tenant does not have the right to authorise third parties to use the WLAN. Pension Auw does not guarantee the actual availability, suitability, speed or reliability of the Internet access for any purpose. It is entitled at any time to allow other co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant’s access in whole, in part or temporarily if the connection is or has been misused, insofar as Pension Auw must fear a claim for this reason and cannot prevent this with normal and reasonable effort in a reasonable time. In particular, Pension Auw reserves the right to block access to certain pages or services via the WLAN (e.g. pages glorifying violence, pornographic or fee-based pages) at its reasonable discretion and at any time.
§ 11.1 Access data
Use of the WLAN is secured by means of access protection. The access data (login and password) may not be passed on to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the WLAN, this is subject to our prior written consent and the third party’s acceptance of the provisions of this user agreement, documented by signature and full identification. The guest undertakes to keep his access data secret. Pension Auw has the right to change access codes at any time.
§ 11.2 Risks of Wi-Fi use, limitation of liability
The guest is advised that the WLAN only enables access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. Pension Auw expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. Use of the WLAN is at the guest’s own risk and peril. We accept no liability for damage to the tenant’s digital media caused by the use of Internet access, unless the damage was caused by us and/or our vicarious agents intentionally or through gross negligence.
§ 12 House rules, general rights and obligations
(1) The guest is obliged to comply with the house rules. From 10 p.m. to 7 a.m. the night’s rest applies. To avoid disturbance, TV and audio equipment must be set to room volume. Lunchtime quiet applies from 1 pm to 3 pm. (2) For the duration of the rental of the holiday flat and holiday room, the guest is obliged to keep the windows (unless they are lockable windows tilted open) and doors closed when leaving the holiday flat and holiday room. (3) There is a general smoking ban in the holiday flat and holiday room. In the event of non-compliance, you may be charged a cleaning fee of up to 250 euros. Smoking is only permitted outside the building. (5) The installation and/or attachment of materials for decoration or similar is not permitted in the holiday flat and holiday room. The guest is solely liable for any decorations or the like that are nevertheless installed and/or attached. The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar. (7) Pension Auw has the right of access to the holiday flat and holiday room at any time, especially in the event of imminent danger. The guest’s interests worthy of protection must be given due consideration when exercising the right of access. We will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible in the circumstances of the individual case.
§ 13 Place of jurisdiction
The local court of Prüm / Eifelkreis Bitburg-Prüm is responsible for any disputes arising from the contractual relationship.