General Terms and Conditions (AGB 2024)

§ 1 Validity of the GTC

(1) These General Terms and Conditions apply to contracts for the rental of holiday flats for accommodation as well as all other services and deliveries provided by the provider for the guest. The Provider’s services are provided exclusively on the basis of these General Terms and Conditions.

(2) The subletting or re-letting of the holiday flat provided and its use for purposes other than residential purposes require the prior written consent of the provider.

§ 2 Booking / Booking confirmation

Please enter your booking requests via the booking enquiry or write to info@oliveres3.com or call us on 0160-97730742.
If we can provide you with the desired holiday home in the desired period, you will receive a written confirmation of the booked holiday home, as well as the invoice or the rental contract. The reservation for the holiday home is legally binding upon receipt of the booking confirmation (see §3).

Direct bookings of the holiday home via a booking portal are subject to the provisions of the booking platform. The booking made there is a contract between the tenant and the booking platform. In this case, any claims must be made to the respective booking platform.

§ 3 Terms of payment and deposit

The deposit of 20% of the total amount is to be transferred to our account by the date specified in the rental agreement/invoice.
The balance is also to be transferred to our account no later than 1 month before arrival or the date stated.
For bookings made at short notice, the total price must be transferred immediately after receipt of the rental agreement/invoice or the specified payment deadline.
In exceptional cases, payment can be made in cash on arrival by prior arrangement.

The minimum rental period is 3 nights.

A deposit of 300,00 Euro will be charged for each property regardless of the rental period. This is already included in the rental contract/invoice. Provided that the rented property has been left in a damage-free, compliant condition, the deposit will be refunded in cash on site if the landlords are present on departure, otherwise it will be transferred immediately to the account specified by the tenant.

In the event of default of payment, we are entitled to demand the applicable statutory default interest of currently 5% above the base interest rate. The customer shall reimburse us with reminder costs of EUR 15.00 for each reminder after default has occurred. All other costs incurred in the course of debt collection shall be borne by the customer. Payment costs, in particular for bank transfers from abroad, shall be borne by the customer. All bank transfer fees are to be borne in full by the renter, i.e. our bank account must be credited with the full invoice amount free of charges. We only accept payments by bank transfer or cash payments by arrangement, no EC cards, credit cards or cheques.

§ 4 Arrival and departure

The holiday flat is available from 16.00 on the day of arrival or by arrangement. Please let us know your expected arrival time at least 1-2 days before arrival. Should you arrive after 8.00 pm, this must be arranged in advance.
The keys will be handed over by individual arrangement.

On the day of departure, the house must be swept clean by 10.00 am or by prior arrangement. All used crockery must be put back in the cupboards, the rubbish bins emptied and the fridge emptied.
Please throw all used towels and bed linen in a pile on the floor before you leave.

Late check-out
A late check-out must be agreed at the time of booking. If there is no immediate follow-up booking, a late check-out can be arranged during the stay. Late check-out after 6.00 pm will be charged at the rate of one night’s accommodation. The landlord reserves the right to charge a late departure accordingly or to deduct it from the deposit. In case of early check-in before 3.00 p.m., half the daily rate will be charged.

§ 5 holiday flats / rooms

The holiday flat will be handed over by the landlord in a tidy and clean condition with a complete inventory. Should defects exist or occur during the rental period, the landlord must be informed immediately. The tenant 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 flats. Moving furnishings, in particular beds, is prohibited. The tenant is also liable for the fault of fellow travellers. Damage caused by force majeure is excluded from this. The contract may be terminated without notice in the event of use of the holiday flat in breach of the contract, such as subletting, over-occupancy, disturbance of the peace of the house, etc., as well as in the event of non-payment of the full rental price. The rent already paid remains with the landlord.
If liability insurance exists, the damage must be reported to the insurance company. The Lessor must be informed of the name, address and policy number of the insurance company.

§ 6 Pets

The accommodation of dogs is permitted. Maximum 2 dogs with max. 25kg per dog.

§ 7 Residence

The holiday flat may only be used by the persons listed in the booking. Subletting and transfer of the flat to third parties is not permitted. The tenancy agreement may not be passed on to third parties. The tenant agrees to the general terms and conditions as well as the house rules of the holiday home Oliveres3. The declaration of agreement is made with the payment. The landlord is entitled to terminate the tenancy immediately and without notice in the event of breaches of the General Terms and Conditions or the house rules. There is no legal claim to repayment of the rent or compensation.

§ 8 Cancellation of travel

The landlord grants the tenant the right to cancel his booking free of charge in accordance with the following conditions (contractual right of cancellation):

In the event of cancellation, the tenant must pay the following compensation to the landlord:

Cancellation of the booking up to 60 days before the start of the rental period: 100% refund of the rental price

Cancellation of the booking from 59 to 40 days before the start of the rental period: 80% refund of the rental price

Cancellation of the booking from 39 to 21 days before the start of the rental period: 60% refund of the rental price

The total rental price consists of the rental price and the final cleaning. Tourist taxes are to be paid on site and are always refunded at 100% if they have been paid in advance. Decisive is the receipt of the written cancellation by the landlord (e-mail is sufficient).

The premature departure of the tenant, which must be notified to the landlord, does not entitle the landlord to assert claims for reimbursement or compensation. In this case, the tenant shall also owe 100% of the agreed rent, plus cleaning costs and visitor’s tax, as these are no longer refundable after the time of cancellation.

If the tenant cancels his booking in due time, the landlord will reimburse him in full for the rental costs already paid within a period of two weeks from receipt of his declaration. For this purpose, the Rental Firm may use the same means of payment that the Hirer used for his payment to the Rental Firm.

§ 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. In the event of justified cancellation, the customer shall not be entitled to compensation – liability for travel and hotel costs shall not be assumed.
The landlord may withdraw from the contract after the start of the rental period without notice if the tenant continues to disturb other tenants despite a warning or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the rental contract is justified.

§ 10 Liability of the landlord

The landlord is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for any breakdowns or faults in the water or electricity supply, as well as events and consequences due to force majeure, are hereby excluded. The landlord is liable for items brought in by the guest in accordance with the statutory provisions (§701 BGB)

§ 11 Use of Internet access via WLAN

11.1 Authorisation to use Internet access via WLAN
The landlord maintains Internet access via WLAN in his holiday property. He allows the tenant to share the use of the WLAN access to the Internet for the duration of his stay in the holiday property. The tenant does not have the right to authorise third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. The landlord is authorised 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 used in an unlawful manner
or has been misused, insofar as the landlord must fear that claims will be asserted against it and cannot prevent this with customary and reasonable effort within a reasonable period of time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, pornographic or fee-based sites) at its reasonable discretion and at any time.

11.2 Access data
Use is made by means of access security. The access data (login and password) may not be passed on to third parties under any circumstances. If the tenant wishes to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the landlord and the acceptance of the provisions of this user agreement by the third party documented by signature and full identification. The tenant undertakes to keep his access data secret. The lessor has the right to change access codes at any time.

11.3 Dangers of WLAN use, limitation of liability
The tenant 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. The landlord 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 tenant’s own risk and peril. The landlord accepts no liability for damage to the tenant’s digital media caused by the use of the Internet access, unless the
liability, unless the damage was caused by the landlord and/or his vicarious agents intentionally or
vicarious agents wilfully or through gross negligence.

11.4 Responsibility and indemnification from claims
The tenant is responsible for the data transmitted via the WLAN, the paid services used via it and the legal transactions not carried out. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will:
Not use the WLAN to access or distribute immoral or illegal content; not illegally copy, distribute or make available any copyrighted goods; this applies in particular in connection with the use of file sharing programs; observe the applicable youth protection regulations; not send or distribute any harassing, defamatory or threatening content; not use the WLAN to send mass messages (spam) and/or other forms of unauthorized advertising.
The tenant indemnifies the landlord of the holiday property against all damages and claims from third parties that are based on the tenant’s unlawful use of the WiFi and/or a violation of this agreement. This also extends to costs and expenses associated with the claim or defense against it. If the tenant recognizes or should recognize that such a violation of law and/or such a violation exists or is imminent, he or she will inform the landlord of the holiday property of this fact.

§ 12 Written form

There are no agreements other than those listed in this contract. No verbal agreements have been made. The general terms and conditions are accepted with the transfer of the deposit.

§ 14. limitation period

Claims of the guest against the landlord are generally time-barred one year after the statutory limitation period begins (§199 Para.1 BGB)
This does not affect claims by the guest arising from injury to life, limb or health or other claims based on a wilful or grossly negligent breach of duty by the landlord, a legal representative or vicarious agent.

§ 15 Choice of law and place of jurisdiction

German law shall apply.
The place of jurisdiction for legal action by the guest against the landlord is exclusively the landlord’s registered office.
For legal actions brought by the landlord against merchants, legal entities under public or private law who have no general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought, the registered office of the landlord is agreed as the exclusive place of jurisdiction.

§ 16 Severability clause

Should one or more provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.