GENERAL TERMS AND CONDITIONS OF THE VACATION HOMES MOSEL CHALETS
- Contract conclusion
The rental contract for the Chalet Mosel, Chalet Mitte or Chalet Berg holiday homes is binding when the holiday home has been booked via the website www.mosel-chalets.de and the deposit has been paid. The vacation home is rented to the tenant for the specified contract period exclusively for use for vacation purposes and may only be occupied by the maximum number of persons specified at the time of booking (2 persons in Chalet Mitte, 4 persons each in Chalet Berg and Chalet Mosel).
- rental price and additional costs
The agreed rental price includes all additional costs (e.g. for electricity, heating, water). In addition, the use of bed linen and towels and their cleaning is included. The charging of electric cars is not included in the rental price and requires a separate agreement and billing. A deposit of 50% of the total price is due immediately after receipt of the invoice. The remaining payment must be made no later than 2 weeks before the start of the rental period. If the payment deadlines are not met, the landlord can cancel the booking. Non-payment is considered a withdrawal and entitles to re-rent.
Upon arrival and handover, the tenant pays a deposit of EUR 200 in cash to the landlord for the furniture and equipment provided. This will also be refunded in cash after the rental item has been returned in perfect condition.
- Rental period and arrival / departure
On the day of arrival, the landlord will make the rental property available to the tenant from 4 p.m. in the contractual condition. If the arrival is after 7 p.m., the tenant should inform the landlord. Departure and handover must take place no later than 11:00 a.m. on the day of departure. Exceeding the departure time by more than 30 minutes will result in the charge of another night. Other arrival and departure times can be requested in exceptional cases. If the tenant does not appear on the day of arrival until 22.00, the contract is considered terminated after a period of 24 hours without notice to the landlord. The landlord can then freely dispose of the property. A (pro rata) refund of the rent due to early departure or non-arrival or late arrival will not be made in principle. Arrival and departure days count as one day.
In principle, German tenancy law applies. This means: booked is booked. Neither of the contracting parties may unilaterally withdraw from the concluded contract, regardless of the reasons (exception: force majeure or extraordinarily important reason according to § 542 II BGB). The tenant is not released from the rent payment if he is prevented from exercising his right of use for a personal reason. This includes illness, unplanned events or even if one of the people traveling is unable to attend. We therefore always and strongly recommend that you take out travel cancellation insurance.
However, we offer the following voluntary cancellation policy to our guests:
- Cancellation up to 30 days before arrival: 30% of the rental amount (or rebooking possible for a fee of €75).
- Cancellation 15-30 days before arrival – 50% of the rental amount (or rebooking possible for a fee of 75€).
- From 15 days before arrival the total rent is to be paid (consumption-dependent costs such as electricity and cleaning will be deducted from this).
In the event of an enacted ban on accommodation within the booked period, both parties can cancel free of charge (force majeure). Both contracting parties are then released from their contractual obligations. However, you must reimburse the other contracting party for services already rendered.
If there is no ban on accommodation and there is a pandemic and country-specific or separate, changing conditions and restrictions (e.g. during Covid-19), then separate cancellation and rebooking conditions apply.
These are published on the website www.mosel-chalets.de and on the booking forms for the chalets and are valid for bookings that deviate from these GTC. Even quarantine situations do not release you from the obligation to pay rent, especially at this time we recommend taking out travel cancellation insurance incl. Corona protection (e.g. from HanseMerkur or Allianz).
The landlord undertakes to offer the canceled period on the open market again as soon as possible. If a complete rental or a partial rental takes place in the previously booked period, this will be offset against the invoice amount of the canceling tenant.
In the event of withdrawal from the contract, the lessee can name a substitute lessee who is willing to take his place in the existing contractual relationship. The landlord can object to the entry of the third party. If a third party enters into the rental contract, he and the previous tenant are jointly and severally liable to the landlord for the rental price and the additional costs incurred through the entry of the third party.
If the tenant withdraws from the contract within 48 hours after booking due to an error, a processing fee of 75€ will also be due, which will be offset against the refund. A general right of withdrawal does not exist for tourist services.
- termination by the landlord
The lessor can terminate the contractual relationship before or after the start of the rental period without notice if the lessee does not make the agreed payments (down payment, final payment and deposit) on time despite a prior reminder or otherwise behaves in breach of contract to such an extent that the lessor has a continuation of the contractual relationship is not reasonable. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the point of termination and the loss of profit.
- Tenant’s Obligations
The tenant undertakes to treat the rental property and its inventory with all due care. The tenant is liable for culpable damage to furnishings, rented rooms, floors or the building as well as the facilities belonging to the rented rooms or the building (e.g. terrace and garage) if and to the extent that it was culpably caused by him or his companions or visitors. The tenant must immediately notify the landlord or the contact point designated by him of any damage occurring in the rented premises, unless he is obliged to remedy it himself.
The lessee is liable to pay compensation for consequential damage caused by failure to notify the tenant in good time. Rubbish, ashes, harmful liquids and the like must not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these provisions, the person responsible bears the costs of the repair. No fire may be lit or grilled on the natural wooden terrace. Make sure to close the windows and skylights when you leave. If, for example, there is water damage in the event of heavy rain or a thunderstorm, the person who caused it bears the cost of repairs. In case of strong sunlight, the curtains and blinds of the roof windows and picture windows should be kept closed during the day. If these remain open and the houses become very hot, this does not release you from the rental agreement and the landlord cannot accept any liability.
In the event of any disruptions to the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help remedy the disruption or to minimize any damage that may occur. The tenant is obliged to inform the landlord immediately about defects in the rented property. If the lessee fails to report this, he is not entitled to any claims due to non-fulfilment of the contractual services (in particular no claims to a reduction in rent).
- liability of the landlord
The landlord is liable for the correctness of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The landlord is not liable according to § 536a BGB. The lessor’s liability for damage to property from tortious acts is excluded, unless they are based on an intentional or grossly negligent breach of duty by the lessor or his vicarious agents. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.).
- animal husbandry and smoking
Animals, especially dogs and cats, are not permitted. Smoking is strictly prohibited inside the rooms and in the garage. In case of violation, a fee of 750 euros for special cleaning and sanitation will be charged. When smoking on the terrace and in front of the garage, care must be taken not to disturb other tenants. Furthermore, no cigarettes or cigarette butts may be disposed of in the outdoor areas. In the event of infringement, the costs for cleaning will be charged to the tenant.
- House rule
Since the three houses including the terrace are located directly next to each other, tenants are asked to be considerate of each other. In particular, disturbing noises, loud door slamming and activities that annoy the roommates with the resulting noise and disturb the peace at home are to be avoided. TV sets and loudspeakers are to be set to room volume. Barbecuing or lighting a fire on the wooden terrace is prohibited. When leaving the house, all windows and doors must be closed.
- Amendment of the contract
Subsidiary agreements, changes and additions to the contract as well as all legally relevant declarations must be in writing.
- Choice of Law and Venue
German tenancy law with German place of jurisdiction applies.
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 have moved their domicile or habitual place of residence abroad after the conclusion of the contract or whose domicile or habitual place of residence at the time the lawsuit is filed is known, the place of residence of the lessor is agreed as the exclusive place of jurisdiction.