Allgemeine Geschäftsbedingungen

§ 1 . Validity of the GTC

(1) These General Terms and Conditions for the Accommodation of Guests apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries of the Provider rendered to the Guest. The services of the provider are provided exclusively on the basis of these General Terms and Conditions. (

2) The subletting or subletting of the provided vacation apartment as well as its use for other than residential purposes require the prior written consent of the provider.

(3) Terms and conditions of the guest shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.

(4) The guest agrees that in case of non-compliance with these terms and conditions, an additional fee of 50 euros will be due.

(5) The provider reserves the right to terminate the accommodation contract without notice in case of repeated non-compliance with these GTCs.

§ 2 . Accommodation contract

(1) The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by mail, e-mail and/or fax and thus accepts the booking (acceptance of request).

(2) Contractual partners are the provider and the guest. If a third party has ordered on behalf of the guest, he is liable to the provider together with the guest as joint and several debtors for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.

(3) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation deviates from the booking request and the guest does not immediately object to this, the content of the booking confirmation shall be deemed to be contractually agreed.

(4) The provider reserves the right to charge the total price in case of early departure of the guest.

(5) The provider reserves the right to offer the guest equivalent substitute accommodation if the booked vacation apartment is not available.

§ 3 . Services, prices, payment, set-off

(1) Payment modalities: a. Payment of the agreed price for the provision of the vacation apartment and for the other services agreed with the guest shall be made within 24 hours by means of the payment link provided or immediate bank transfer. b. Cash payments and payments on site by EC or credit card are not accepted.

(2) Invoicing and due date: a. The invoice is due immediately upon receipt. b. The guest has 24 hours to confirm the booking by making a binding payment. During this time, the provider shall keep the apartment free for the guest.

(3) Liability and availability: a. The provider is not liable for late payments. b. If the selected apartment is no longer available, the provider is free to assign the guest an equivalent apartment, if available, or to refund the payment minus any payment fees incurred. c. The provider is not liable for any replacement booking that the guest must make in such a case. d. After full payment within 24 hours, the provider is obliged to keep the vacation apartment booked by the guest available and to provide the agreed services. The provider only assumes a guarantee for expressly promised features, but not for the subjective quality of the equipment (e.g. ventilation). e. The guest is obliged to provide truthful information about the number of persons occupying the vacation apartment. The vacation apartment is available for a maximum of the number of persons stated in the booking confirmation in accordance with § 2 Para. 1. Occupancy by a number of persons in excess of this requires the prior written consent of the provider. In this case, the price for the provision of the vacation apartment shall be increased to the price generally charged by the provider for the corresponding occupancy.

(4) Check-in conditions: a. Check-in before full payment is excluded. The provider is entitled to refuse access to the vacation apartment in the event of non-payment of the agreed price. b. The guest may only offset an undisputed or legally established claim against a claim of the provider.

§ 4 . General rights and obligations; EDEN HOUSE RULES

(1) The house rules published on the website are part of the contract between the provider and the guest. These are sent to the guest after booking once again by email. With the booking, the guest confirms and accepts the house rules.

§ 5 . Withdrawal from the contract (Cancellation)

(1) A withdrawal of the guest from the contract concluded with the provider requires the written consent of the provider. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in cases of delay in performance by the provider or an impossibility of performance for which he is responsible.

(2) The guest can, without triggering payment or damage claims of the provider, withdraw from the contract only if the possibility of withdrawal was agreed in writing between him and the provider by a certain date. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date, unless there is a case of default in performance by the provider or an impossibility of performance for which he is responsible.

(3) Without triggering payment or compensation claims by the provider, the guest is entitled to cancel the arrival as follows if no other agreement has been made: a. Cancellation up to 5 days before arrival  0% (amount of the accommodation price to be paid for the entire stay) b. Cancellation 5 days or more prior to arrival  100% (the amount of the total cost of the stay). c. For bookings for trade fairs or events  100% (amount of the accommodation price to be paid for the entire stay) Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The cancellation day is the day of receipt of the cancellation by the provider.

(4) In case of a vacation apartment not used by the guest, the provider has to credit the saved cleaning fee.

(5) If the guest does not appear on the day of arrival by midnight at the latest or by 60 minutes after a later time agreed in accordance with § 7 Para. 1 without having cancelled, the contract shall be deemed to have been cancelled. Paragraph 3 shall apply accordingly. (5) If the guest does not appear on the day of arrival by midnight at the latest or by 60 minutes after a later time agreed in accordance with § 7 Para. 1 without having cancelled, the contract shall be deemed to have been cancelled. Paragraph 3 shall apply accordingly.

(6) If the Guest's right to cancel the contract within a certain period of time has been agreed upon in writing in accordance with Paragraph 2, the Provider shall be entitled for its part to cancel the contract for factually justified reasons or to terminate the contract extraordinarily within this period of time if, for example, a) force majeure or other circumstances for which the Provider is not responsible make it impossible to fulfill the contract, b) the vacation home has been rented under misleading or false statements of material facts, e.g., in the person of the Guest or in the name of the Provider. c) the vacation apartment is used for other than residential purposes, d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the control or organization of the provider, e) the vacation apartment is used for other than residential purposes, f) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the control or organization of the provider, g) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public. e) if, contrary to the house rules, gatherings with alcoholic beverages are held in which persons participate who have not been registered as guests with the landlord. f) if, contrary to the house rules, parties are held that exceed the usual volume of a vacation apartment and/or leave the vacation apartment in a condition that exceeds the usual cleaning of the vacation apartment, e.g. by leaving behind e.g. by leaving garbage typical for a party such as bottles, unrinsed glasses, cigarette smell, dirty floors, toilets, kitchen equipment etc. even if these were caused by the registered guests.

(7) The provider is entitled to terminate the accommodation contract without notice in case of breach of contract by the guest, especially in case of disturbance of domestic peace or damage to the vacation apartment.

(8) The Provider shall immediately inform the Guest of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a) the provider has to refund already made rent payments and/or advance payments within 7 days. In the event of justified withdrawal or justified termination by the provider, the guest shall not be entitled to any compensation. The Guest shall compensate the Provider for all damages for which the Guest is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.

§ 6 . Liability; Limitation

(1) The Provider shall be liable for its obligations under the contract. The liability is limited to intent and gross negligence of the provider, if and to the extent that he is not unrestrictedly liable under the statutory provisions. Should disturbances or deficiencies occur in the services of the Provider, the Provider shall endeavor to remedy the disturbance or deficiency upon knowledge thereof or upon immediate complaint by the Guest. The guest is obligated to contribute what is reasonable for him to eliminate the disruption or defect and to keep any possible damage to a minimum.

(2) The Provider shall not be liable for items brought in by the Guest; they shall not be considered as brought-in items in the sense of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This also applies explicitly to valuables that the guest keeps and/or leaves in the vacation apartment.

(3) The provider is not liable for damages that occur due to omissions or failures of the guest.

(4) The guest is liable for all damages that he, his fellow travelers or his visitors have caused culpably in the house of the vacation apartment, in the vacation apartment and/or to the inventory of the vacation apartment. A private liability insurance is recommended to the guest. The guest is obliged to notify the provider immediately of any damage. This applies in particular to such damage that may also affect other apartments in the house (e.g. water damage, fire damage).

(5) The guest agrees that the provider is entitled to charge a lump sum for damages in the amount of 200 Euro in case of damage caused by the guest to the vacation apartment or to the provider's equipment.

(6) Claims of the Guest become time-barred in six months, unless the Provider is liable due to intent. Claims of the provider expire in the respective statutory period.

§ 7 . Arrival and departure, handover of keys; late evacuation

(1) The apartment is available on the day of arrival regularly from 15.00 clock. Arrival must take place by 24:00 unless a later arrival time is expressly agreed in advance with the provider. Arrival before 3:00 p.m. can also only take place if this has been expressly agreed with the provider in advance.

(2) If the arrival is agreed in the time between 24:00 clock and 8:00 and takes place in this time, a surcharge of 40.00 euros will be charged.

(3) The guest is obliged to complete and submit the check-in sent by the provider. All arriving guests are required to verify their identity before entering the apartment. Verification takes place online via the portal provided by the provider. The provider may refuse access to the apartment if the guest does not complete the verification or does not complete it in full. If the booking cannot be made for this reason, the cancellation fees in accordance with §5 paragraph (3) b shall apply.

(4) The provider may require the payment of a deposit in the amount of € 150.00 upon arrival. The provider will refund this deposit upon timely vacating the apartment and return of all keys on the day of departure, unless otherwise agreed with the guest and provided that the apartment has no damage for which the guest is responsible. In the event of further damage to the vacation apartment and/or inventory, the guest shall pay the cash amount required for compensation on site (§ 249 para. 2 BGB).

(5) On the day of departure, the guest must vacate the vacation apartment by 11:00 a.m. at the latest. In case of late vacating of the vacation apartment, the provider is entitled to an additional payment from the guest. This amounts to a) 50,00 € (net) if the apartment is vacated after 11.00 a.m. but before 1.00 p.m.; b) 100 % of the agreed accommodation price/night if the apartment is vacated after 1.00 p.m. . In addition, the Provider shall be entitled to compensation for all further damages incurred due to a delayed evacuation.

(6) The evacuation according to paragraph 4 is only considered to be effected when all keys have been handed over to the provider or his representative. For this purpose, the guest can, if this was previously expressly agreed with the provider, leave all keys on the key board in the apartment and pull the apartment door closed. The guest is obliged to check that the apartment door is properly closed.

(7) In the event of loss of one or more keys, the guest shall pay the provider compensation for their replacement and, if necessary, for the installation of new locks.§ 8 . Privacy The personal data provided by the guest will not be disclosed by the landlord to third parties, unless this is necessary for the execution of the contract, in the course of the registration law or other applicable law.

§ 8 . Privacy

(1) The provider collects, processes and uses personal data only insofar as this is permitted by law or the user has consented to the collection, processing or use of the data.

(2) Personal data is collected exclusively for the purposes for which it is used. Any use beyond this requires the consent of the user.

(3) The provider uses technical and organizational measures to ensure the security of the data provided by the user. In doing so, the Provider shall in particular observe the current state of the art and the applicable data protection provisions.

(4) The User has the right to obtain information about the personal data stored about him and, if necessary, to have it corrected or deleted. If deletion is not possible, the provider will explain the reasons to the user.

(5) The provider does not pass on any personal data to third parties unless the user has expressly consented to this or the provider is legally obliged to do so. In this case, the user will be informed about the transfer of his data, as far as this is legally permissible.

(6) The provider reserves the right to collect, store and evaluate anonymized usage data in order to improve the offer and to carry out statistical evaluations. This data does not allow any conclusions to be drawn about the identity of the user.

(7). Personal data is not transferred to third parties for purposes other than those listed below. We will only pass on your data to third parties if: you have given your express consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO, the disclosure according to Art. 6 para. 1 p. 1 lit. f DSGVO is necessary to protect our legitimate interests or the legitimate interests of a third party, in particular if this involves the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data, there is a legal obligation for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c DSGVO, and this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the processing of contractual relationships with you.

(8) When using our services, personal data may be transferred to order processors or other third parties in order to provide certain functions or services. In this case, your data will only be processed within the scope of commissioned processing pursuant to Art. 28 DSGVO or on the basis of consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO.

(9) If personal data is transferred to countries outside the European Economic Area (EEA), this will only be done to the extent permitted by EU data protection law. In doing so, we ensure that an appropriate level of data protection is guaranteed in accordance with the standards of the EU General Data Protection Regulation (GDPR), for example by concluding EU standard contractual clauses with the recipient of the data.

(10) We have taken appropriate technical and organizational measures to protect your personal data against loss, destruction, manipulation and unauthorized access. Our security measures are continuously improved in line with technological developments.

§ 9 . Final provisions

(1) Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid.

(2) Place of performance and payment is Schalksmühle/ Germany. Place of jurisdiction for tenancy law is Lüdenscheid. The general place of jurisdiction is Lüdenscheid.

(3) The contract shall be governed exclusively by the laws of the Federal Republic of Germany.

(4) These General Terms and Conditions of Guest Accommodation are only intended for the personal use of the Guest. Commercial use by third parties is expressly prohibited.

(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.